Terms of Service and Use Agreement

Thank you for coming to the Resonate Health website.

PLEASE READ THESE TERMS OF SERVICE AND USE CAREFULLY. BY USING THIS WEBSITE, YOU CONSENT TO THESE TERMS OF SERVICEUSE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

As we begin our relationship together, we want to protect our relationship, and our commitment to one another. We are, of course, available to discuss any questions, concerns or comments you may have about this Terms of Service Agreement. You are welcome to contact us here. Here are the key bullets of this agreement highlighted for you.

I will not copy, distribute, or share any of our content as you are the only intended user exclusively for your personal use.
Anything that we share with you, or that you share with us, will be private and confidential and cannot be shared publicly or privately without joint consent. We may use data (e.g. age, etc.) you provide for pooled statistical purposes, but without identification of you as part of the pool or as to any specific data.
I understand and agree that we are not medical doctors but consultants providing health and wellness recommendations and information via our “Programs, Products, Services and Materials” (collectively referred to as “Contents”) which you agree you will discuss with your doctor or healthcare provider.
As consultants, we are providing you with information, resources and recommendations based on our expertise to use at your own discretion and discernment. However, you are ultimately responsible for your own physical, mental, emotional and spiritual wellbeing, decisions, choices, actions and results.
I acknowledge the Conditions and Considerations Information if you are: Actively receiving medical services for Advanced or Acute Illness, End of Life Care, hospice care, and/or palliative care, have active cancer, have electrical medical implants, have high toxicity, are pregnant or actively trying to get pregnant, had a concussion within 3 months, had a nervous breakdown, psychotic episode, emotional crisis and/or attempted suicide within 4 months and/or if you are very hypersensitive, And agree to consult us and/or receive physician clearance to participate in the Resonate Health approach and the “Contents” as applicable.
I acknowledge that Healing and Detox Responses have the capacity to produce flu-like symptoms, exhaustion, waves of emotion, loose stools, increased thirst, etc..And acknowledge your access to Healing and Detox Support Information, here, through your Membership portal, imbedded within the Master Guide and will utilize our one on one Consultation services for personalized information and support as needed.
I acknowledge and hereby submit my profile phot and name as a witness of myself for use by Resonate Health in including me in the Resonate Health community when testing for the Programs, Biofield Tuning, and other Contents relating to my specific membership level.

The following includes all the other statements and details of our Terms of Service Agreement…

Our Contents are copyright-protected, owned and operated by “Resonate Health, LLC” referred to by the terms “us” or “we.” The term “you” refers to any purchaser and/or user of any of our Contents.

“Resonate Health LLC” and “you” shall each be referred to herein as a “Party” and collectively, the “Parties”.

These Terms of Use (“Terms of Use”) state how you may use our Contents. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time and will send notification to your stated email when any change is effective. You may then agree to accept these changes or opt-out. Opt-outs or termination may be performed at any time executed through your membership portal account settings.

This agreement is effective upon the date and time of completed registration, including payment received from you, at which point you will have purchased a “Membership Subscription”.

By using Our Contents, you agree and are legally bound to the following Terms of Use:

Term: You will have access to the Contents you select for purchase upon completion of registration, including initial payment, and will continue to until and unless terminated as set forth herein. Parties can terminate this Agreement pursuant to the terms set forth below in the “Termination Policy” Section. Continued access to Contents shown above will automatically renew by charging a payment, per the current “Membership Subscription” selected, until you request to skip one or multiple rounds and/or terminate your Membership Subscription. Any request must be received before the next cycle renewal deadline for your specific membership subscription, via your membership subscription portal account settings.
- For a Master Guide Membership Subscription, a Biofield Tuning Membership Subscription, or an Amplify your Resonance Membership Subscription automatic charging will be completed monthly from the initial date of registration. Any request to cancel or opt out for one or more months must be received the day before (no later than 11:59PM) the next renewal cycle.
- Any additional individual offerings, sessions and/or purchases with us are your financial responsibility and shall be payable at the current rate when scheduled.
You are 18 or older or if younger than 18 have parental or guardian supervision. Independent use of our Contents are intended solely for users who are eighteen (18) years of age or older. Recipients younger than 18 years of age must receive parental guidance and authorization.
You are the only intended user. All content obtained through us is our property, and you are granted a limited, non-exclusive, revocable, non-transferable license for personal, non-commercial access to our Contents for your use only, limited to you only. This means that you may not share with any third party or use any of our Contents in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us or for any purpose other than as stated in our Contents.
You may download and/or print specified Contents for your own personal use only. You are not permitted to share, modify, copy, reprint, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by print, email or other electronic means) any of our Contents and/or materials from the programs or Website, including but not limited to website pages/url links, handouts, videos and audio recordings/links, and other materials and forms, to anyone for his/her/their own personal or business use. You may, however, from time to time, download and/or print one copy of individual pages of the program and/or Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You are not permitted to share your username and/or password with anyone. To use certain features of the website and/or purchased contents, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If we learn you have shared your username and/or password with another person, we reserve the right to immediately suspend or terminate your account, Subscription and/or access and use of the website and any or all of our Contents AND TO CHARGE YOU FEES FOR EACH UNAUTHORIZED USER AND/OR USE.
We expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained by working with our Contents. You are ultimately responsible for your own physical, mental, emotional and spiritual wellbeing, decisions, choices, actions and results.
We do not guarantee a specific result from our Contents. Results may and will differ among individuals. You agree that your results are strictly your own and we are not liable or responsible in any way for your results or for any direct or indirect result of any services provided by our Contents.
By accessing, using or engaging in our Contents, you agree that you do so at your own risk. Every person has unique physical, emotional, mental and spiritual histories and characteristics, which are further dynamic and changing. Different kinds of exercises and programs we offer in our Contents may present risks to different people that cannot necessarily be identified in advance. You are the best judge of your capabilities and condition. In undertaking any program, you must use due care and you voluntarily assume all risk of injury to yourself. You agree to release and discharge us from all claims or causes of action, known or unknown, arising out of your use of any of our Contents.
Your collaboration with us is an exchange of information and ideas. It is not intended to be, nor shall it be construed as being medical care, medical advice or medical treatment as defined and governed by the laws or medical licensing board definitions of any international, national or state jurisdiction that governs any medical or professional license and practice. You understand that our Contents are not to be used as a substitute for professional advice by mental, physical, medical or other qualified professionals and so you agree you will seek independent professional guidance for such matters. You understand our Contents are not providing therapy and do not substitute for therapy if needed. We try to stress the importance of your responsibility to obtain professional medical advice by including reminder notices on specific Contents but are unable to guarantee any notice/s on all Contents.
If you are currently under the care of a health professional/s, we recommend that you inform your health care provider/s of the Contents you will be receiving under this Agreement. It is recommended you consult with your physician and your other physical health and mental health providers, before beginning any physical and mental wellness program. Your primary care physician or other specialist(s) should be considered to be the primary source of information about all medical diagnoses, treatments, prescriptions, therapies and personal medical conditions. You will not disregard professional medical advice or delay seeking or decline to seek professional advice because of information you have accessed in our Contents. You acknowledge the Conditions and Considerations Information including the associated potential healing and/or detox responses if you are: Actively receiving medical services for Advanced or Acute Illness, End of Life Care, hospice care, and/or palliative care, have active cancer, have electrical medical implants, have high toxicity, are pregnant or actively trying to get pregnant, had a concussion within 3 months, had a nervous breakdown, psychotic episode, emotional crisis and/or attempted suicide within 4 months and/or if you are very hypersensitive, And agree to consult us here and/or receive physician clearance to participate in the Resonate Health approach and the “Contents” as applicable. You acknowledge that Healing and Detox Responses have the capacity to produce flu-like symptoms, exhaustion, waves of emotion, loose stools, increased thirst, etc.. And acknowledge your access to Healing and Detox Support Information, through your Membership portal, imbedded within the Master Guide and will utilize our one on one Consultation services for personalized information and support as needed.
You will not stop taking any medications without approval of your prescribing health care professional. If you have or suspect that you have a medical or mental health issue that may be affected to any degree by any of our Contents, you will contact your own health care provider before undertaking use of any Contents.
Prior to commencement of any personalized Content or services, you agree to accurately provide any medical information about yourself that we request from you at times to access specific Contents including but not limited to that provided in your Resonate Health Profile. You agree to promptly update us on any change relative to such information and to carefully consider the effect of any changes as relating to your use of Contents. You agree all such medical information you supply will be materially accurate and may be relied upon by us. To register and access certain features of the Contents and website, we may ask you to provide certain personal identifiable information, medical information, and demographic information including your name, email, gender, year of birth, zip code and country. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof) until and unless verified as accurate. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. If we have reasonable grounds to suspect that you are at risk for committing harm to yourself or another, we have the right to contact the emergency contact you provided and/or the police, local to your area, to ensure your safety. If you are experiencing a medical emergency or are at risk of self-harming, immediately call 911 or the suicide prevention hotline (988).
You acknowledge that our Contents and website do not constitute the practice of medicine, and specifically does not create a doctor-patient relationship between you and Resonate Health LLC, its consultants, guides or its entities, including but not limited to Heather Carr and Kori Reigel. The Contents and information provided on the website is for EDUCATIONAL PURPOSES ONLY. While we are thus not required to follow the Health Insurance Portability and Accountability Act (known as HIPAA), our management of your information and all data will be governed by the outlined terms in this agreement (see Confidentiality section outlined below) in which we intend to materially mirror HIPAA.
We will not be held responsible or liable in any way for the information, products or materials that you access, request or receive through our Contents unless due to our gross negligence or intentional malfeasance. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use any and all of our Contents including the website, third party platforms, resources, emails, products and/or services made available by us in anyway, even if we are advised beforehand by such law. (Because some states do not allow the exclusion of limitation of certain categories or damages, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Contents of Resonate Health or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using our Contents.
Notwithstanding any damages that you may incur, our entire liability under this Agreement, and your exclusive remedy, will be limited to the amount of fees paid by you for our Contents.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Contents or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Consideration: Our consultative services are fulfilled by providing our Contents to you, based on our opinion of which of our Contents appear to be best suited for your needs as determined by us in reliance on the information you provide. Once we have made these Contents available to you, your voluntary use thereof is a decision for you to make, after prudent consideration by you of the caveats, recommendations and warnings contained in these Terms and/or in the Contents themselves, including, without limitation, especially coordination with your health care provider(s).
Waiver and Release: To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from participating in our Contents, including but not limited to our Programs, Products, Services and Materials. You hereby covenant not to make or bring any such Claim against us and you assume all the risks of participating in our Contents and forever release and discharge us from liability on account of or under such Claims.

Energy Medicine Methods

You understand and accept that when utilizing Energy Medicine techniques within our Contents, the practitioner is not “diagnosing” or “treating” the physical body, which is the domain of the medical field and other allied health care professionals, but instead is connecting to energy or subtle “bodies” as perceived by us that make it possible to manifest a change or transformation, which is intended to be beneficially experienced directly by you.
Energy Medicine methods, which are integrated in our Contents, are designed to assess where the body’s energies are blocked, trapped or not in harmony and then correct the flow of these energies by aligning the body’s energies to boost physical, emotional, mental and spiritual health and vitality.
We use various Energy Medicine techniques and assessments including but not limited to, Applied Kinesiology, to test which of our specific Contents appear to us to be most beneficial for you to receive. If receiving consulting and/or purchase a Personalized Program through the Master Guide Membership subscription, you consent to receiving customized Contents created utilizing our methods.
Our Contents may include Energy Medicine techniques, such as Biofield Tuning, as an independent technique and/or integrating with other Contents. Biofield Tuning is a self-healing and wellness technique that uses sound waves produced by specialized tuning forks in the biofield that surrounds the human body. Biofield Tuning has outlined specific Caution and Guidance regarding the following conditions including: Active Cancer, End of Life Care, Acute Illness, Pregnancy, Electrical Medical Implants, Recent Concussions (within 3 months), Morbid Obesity, Metal Toxicity and other specific considerations for using tuning forks on the body including: Varicose Veins, Dental anomalies, Fractured bones, and Metal Implants. For information on Biofield Tuning see our FAQ.

Confidentiality

Mutual Confidentiality: While working together, Parties may come across, or be given, information that is confidential. This information, documented or verbal, is bound by confidentiality. Parties agree not to disclose any confidential information about the other Party without prior written consent. Confidential information includes your identity, credit card information, personal medical history and our Contents.
We will not disclose your name as a reference without your consent. Confidential information does not include information that: (a) was in our possession prior to it being furnished by you; (b) is generally known to the public; (c) is obtained by us from a third party, without breach of any obligation to you; (d) is independently developed by us without use of or reference to your confidential information; or (e) that we are required by law to disclose. The Parties each promise that they will not share with the other Party confidential information that belongs to third parties unless allowed to do so.
When you enroll in a Membership subscription we will use our best efforts to keep your Confidential Information safe, secure and confidential. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore your submission of Confidential Information, data or other information is at your own risk.
You agree to use Resonate Health’s platform and email (and any associated components of this third party) as a platform for communicating your Confidential Information and receiving our recommendations. We choose our platforms as well-known providers of internet services to thereby permit uniformity in working with you and others, but we do so without making any warranty of any kind.
You understand that some optional program Contents may be offered to you through use of Third Party platforms, including but not limited to our Website Facebook, Instagram, Twitter, Zoom, MeWe, Calendly, Stripe, Google (Drive, Mail, Docs, and all other Google services). If you choose to participate in utilizing these optional program Contents through the use of these services you may be required to agree to the terms of use specified by each Third Party platform individually in order to participate. You understand we are not responsible for the information or data gathered or utilized by Third Parties. You agree and understand you participate and give your data and information at your own risk. However, by offering such optional program Contents through Third Party platforms we do NOT furnish any of your individualized data to such Third Parties.
You understand that Your consent to participation in a group may expose your identity and certain personal identifiable information, to others of the group. Reciprocally, the consent of those others to participate, may expose their identity and certain personal identifiable information, to You. You agree to treat the identity and personal identifiable information of those others as confidential.
By participating in our group forums, group gatherings, group meetings, and any other group activity in person or virtually online (including that held via Third Party platforms), you consent to photographs, videos, and/or audio recordings that may contain you or your voice which we may use and you agree to further confirm your consent by signing this document, without further consent request unless required by law, which you agree you will provide for any lawful purpose. Group activities include but are not limited to, our live online community group gatherings and meetings which may be recorded and available for other members to view, in person or virtual community and group meetings, posting comments and uploading images or videos on our community pages. At our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our current or future Contents and/or our marketing or promotional efforts, all without compensation to you at any time. All such materials become our property upon creation and you agree to cooperate without compensation in assuring all such ownership and title vests in us.If you wish to remain anonymous or wish for your information to remain private within any and all group activities it is your sole responsibility to adjust your settings including any identifiable pieces of information when participating.

Payment and Electronic Security

Fee: Per our Fee Schedule at this link, You will be automatically charged per the Fee Schedule of the Membership subscription selected, to your credit card on file until you suspend or terminate/Opt-out of your subscription (see below). You give us permission to electronically store and automatically charge your credit or debit card as payment without any additional authorization, for which you will receive an electronic receipt.
Fee Schedule is based on your selected Membership subscription.
- For a Master Guide Membership Subscription, a Biofield Tuning Membership Subscription and an Amplify your Resonance Membership Subscription, automatic charging will be completed monthly from the initial date of registration. Any request to skip, opt out or terminate must be received the day before (no later than 11:59PM) the next renewal cycle.
- If you are reactivating your membership following an opt out or termination charges will resume per the current fee schedule for the selected membership.
- You represent and warrant that (i) any credit card or debit card information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card Company, (iii) you will pay the charges incurred at the current fee schedule, including any applicable taxes, and (iv) if any payment is dishonored, you will still pay the incurred charges, including all surcharges and other costs you or we may incur due to the dishonored payment. Until we receive payment in full of the Fee set forth above, we have no duty to provide any Contents to you.
Any additional consulting, offerings, sessions or services shall be payable at the time such offerings, sessions and/or services are scheduled by you.
Cancellation: If you are 15 minutes or more late for any scheduled session, we will assume the session is canceled, you will forfeit the session and shall lose the full fee paid. If you wish to reschedule an appointment, please provide as much notice as possible so you may change your appointment without a penalty. If you must cancel within 24 hours of a scheduled appointment you will forfeit the session and shall lose the full fee paid with no exceptions.
While we hope to keep our rates constant and seek to effectively control our costs, we may change our fees and pricing at any time or times with at least forty (40) days email notification to you at your listed email. You have a duty to keep your email address current and may update your email address at any time by changing it in your membership portal or by contacting us here.
The Memberships subscription Fee does not include any tax or other governmental charge. Generally, we do not believe that the consultative nature of our work or Contents is subject to any tax, but we reserve the right to collect any tax or other governmental charge mandated by law on your Membership subscription and may do so retroactively if necessary.

Quality Control

We strive to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, our Contents are continually under development. So while We warrant and endeavor to update information We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, appropriateness or suitability of the information in our Contents.
We will try to ensure that the availability and delivery of our Contents is uninterrupted and error-free, including accessibility and communications through methods like our Website, website links, membership community meetings and groups, e-mail communications, videos, audio recordings, links, live webinars, recorded webinars, teleseminars, recorded teleseminars, downloadable Mp3 audio files, downloadable PDF handouts or any other materials provided by us to you. However, we cannot guarantee that your access will not be temporarily suspended or restricted from time to time, to allow for repairs, maintenance or updates, or as a result of causes beyond our control. Of course, we will try to limit the frequency and duration of suspension or restriction and give advance notice of outages or limitations, if possible.
We may provide links and pointers to Third Party platforms outside of our Contents. Inclusion of any link in our Contents to any other material does not imply our endorsement, sponsorship, or approval of that material or its owner. We do not endorse and are not responsible for the views, opinions, facts, advice or statements provided by external resources referenced in our Website or material our Website contains, or their accuracy or reliability. Similarly, we are not responsible for views, opinions, facts, advice or statements of other users, for example, but not limited to those in our community group meetings, gathering and/or forums.
You agree to not use our Contents in any way that causes or is likely to cause the Contents, or access to them either to be interrupted, damaged or impaired in any way.
You are solely responsible for all electronic communications, material and content sent from your computer to this Website and us and you warrant that none will contain any malware of any type.
You agree to not use our Contents in any of the following fraudulent or unlawful purposes:
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To expose impact, or infect our Contents or systems with software, malware, bots, viruses, commercial solicitation, chain letters, mass mailings, spam, or any other harmful or similar computer code or electronic signal designed or likely to adversely affect the operation, or permit or promote the unauthorized use of or access to any of our computer software, hardware or systems, whether you so intend or not.
If you have a question or concern about your Contents, you may contact us here and we will do our best to promptly reply to your question or concern. Alternatively, if you have a Master Guide Membership Subscription, You may choose to submit any question to the Weekly Resonate Health Q & A Discussion Forum for your question to be addressed there.

For Memberships that include the Weekly Resonate Health Q & A Discussion Forum, you acknowledge and agree to abide by these Guidelines & Rules:

You acknowledge that Our Discussion Forum is for education purposes only.
You agree to abide by the following Resonate Health Community group guidelines and rules:
- Confidentiality: You agree to not disclose to anyone outside the Resonate Health group any information that may help to identify another group member. This includes, but is not limited to, names, physical descriptions, biological information and specifics to the content of interactions with other group members.
- Content: You agree in any and all form/s of your expression including but not limited to posting and interacting in a group forum, meetings and events, will be strictly limited to matters relevant to Resonate Health Contents and directly related topics. We are not responsible for the views, opinions, facts, advice or statements of other users and participants in our community group meetings and experiences.
- Maintaining a Safe and Respectful Community Space
  - It is our intention to provide a safe space for sharing, learning, connection and education without diluting the focus of the group. You agree that your input shall be kindly-intentioned, courteous, respectful, supportive, free of competitive language, comparisons, antagonisms, challenges and judgements.
  - Your input shall be appropriate to express in a group setting and free of political, racial, gender, family status, religious, ethnic or other discriminatory charge.
  - Your input shall be free of marketing, soliciting, or selling of any personal and/or commercial products or services.
  - You will not engage in aggression, hate speech or bullying.
  - You will refrain from intentionally disrupting any group or harming or damaging any group participant, including but not limited to Us.
  - You will not intentionally interfere with our management of any group or with our efforts to achieve the purposes of any group.
  - In order to maintain our group boundaries your input of all forms is subject to monitoring by us and we may remove any form of posting or communication that we deem violates our guidelines or is inappropriate as solely determined by us.
  - If you breach these guidelines or engage in any behavior that is disruptive to any group or causes harm, damage or interference with our efforts, in addition to all other rights, We may revoke any and all present and future ability for you to participate in any or all of our group offerings.
- If you believe anyone is not following our guidelines, please do not engage in the post or otherwise directly, but rather immediately report this by contacting us here.

Termination Policy

You have the right to terminate your Membership subscription at any time by notice via your payment portal. Cancellation must be received by Us before the scheduled fee renewal period for your specific membership subscription. For a Master Guide Membership subscription automatic charging will be completed monthly from the initial date of registration. Any request to opt out or terminate must be received and completed in your portal the day before (no later than 11:59PM) the next renewal cycle. If you are reactivating your membership following a pause or termination charges will resume per the current fee schedule for the selected membership.
If you breach this Agreement, we reserve the right to terminate this Agreement without refund or credit by sending you an email to your stated email address. Breach includes but is not limited to nonpayment, breach of confidentiality, group disruption, copyright infringement, introduction of malware, or inappropriate behavior, including not adhering to the guidelines and recommendations of the community gathering rules. The determination to terminate your Membership subscription for any breach is at our sole discretion and does not constitute the sole remedy available to us, as we reserve all rights to recovery for any damages due to any breach by you.
Bankruptcy: If you should seek protection from creditors through any means or be subject to any bankruptcy proceeding as a debtor in any jurisdiction, then, to the fullest extent permitted by law, we shall have the right, in addition to all other rights allowed by law, to terminate or suspend your Membership subscription at our discretion.
Your satisfaction with our Contents is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Contents, we have a case-by-case refund policy within 7 days of Your initial payment for a Membership subscription. By obtaining a Membership subscription, you understand and agree that all sales are final and refunds will be provided on a case-by-case basis and only within a 7 day period from the initial Membership subscription date.
The Parties agree that our remedy at law for any breach or threatened breach of the confidentiality covenants of this Agreement or our rights in our Contents may be inadequate, and that we are and will be entitled, in addition to damages and any other available remedy, to specific performance or injunctive relief without establishing that any actual damage has been or will be sustained and without the need to post a bond.
Choice of Law and Jurisdiction: It is hoped that should we ever have any differences, we would be able to work them out amicably through e-mail correspondence. However, apart from any claim or dispute arising under the foregoing provision, should we be unable to obtain resolution within a reasonable time, Parties agree that the only method of legal dispute resolution that will be used is binding arbitration conducted by the American Arbitration Association, before a single arbitrator, selected jointly, in accord with the American Arbitration Association Rules. You agree that should arbitration take place, it will be held in Alexandria, VA, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator, which may be enforced in any court of competent jurisdiction. You agree that if you initiate arbitration and fail to prevail, the arbitrator may award us all our costs of arbitration, including without limitation, our attorney fees. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. To the fullest extent allowed by law, You waive and decline all Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims.
If we are in any way delayed or prevented from performing any obligation due to an act of God, terrorism, the public enemy, pandemic, governmental act or failure to act, labor dispute, power failure, or any other force majeure or cause beyond our reasonable control (whether similar or dissimilar to the foregoing named events), then the time for performance of such obligation shall be excused for the period of such delay or prevention and extended for a period equal to the period of such delay or prevention. In such an event, we will endeavor to provide prompt notice thereof, but in any event shall have no liability on account of any such event or delay other than to credit you to the extent of any incomplete session or portion thereof or for any other unfulfilled obligation for which payment has been advanced. Website interruptions or inaccessibility for which we are responsible for less than twelve consecutive hours or of less than twenty-four total hours in any Cycle Renewal shall not be credited.
This Agreement and your Membership subscription will be treated as executed and performed in Virginia and will be governed by and construed in accord with the laws of Virginia without regard to any conflict of laws provisions. Each Party consents to the jurisdiction of the federal and state courts with jurisdiction over Alexandria, VA.
Modification: No modification is permitted to this Agreement unless in writing made by proper notice. No modification may be made by you. We may modify this Agreement on at least forty (40) days written notice by email to your stated email address. You have the right to terminate your Membership subscription on at least three (3) days’ notice prior to the end of any Cycle Renewal during that forty (40) day period. If you do not so terminate, the same will constitute your consent to the modification.
Assignment: You may not assign or otherwise transfer any or all rights or delegate any obligations under this Agreement to any third-party, without first receiving our written consent in our sole discretion. Any permitted assignment or transfer shall be with recourse. Nevertheless, this Agreement is and shall be binding upon all your successors-in-interest of every kind and character.
Severability: In the event that any term, provision, paragraph, article, or section of this Agreement is declared fully or partially illegal, void, invalid, or unenforceable by a judicial proceeding, the remainder of that part or provision and the Agreement will remain in full force and effect, provided that the essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.
Notices: All notices shall be sent by email. Notice to you will be due to your stated email address which you provide upon registration, except until and unless changed in the manner provided above. <Hello@resonate.health> is our email address for notice to us unless we change our notice address by notice to you. In any event, at any time you have actual notice the same shall constitute good notice to you.
Informed Consent: By signing this Agreement, you hereby certify that you: (a) are at least 18 years of age; (b) have read and fully understands this Agreement; (c) will not provide false or misleading information; (d) voluntarily agree to use your Subscription in good faith and to the best of your ability; and (e) to abide by our policies and this Agreement.
No Third-Party Beneficiaries: This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise.
No Partnership or Joint Venture: Nothing herein contained shall be construed as creating any relationship of employer/employee, partnership, joint venture, agency or otherwise between the Parties hereto.
Entire Agreement: This document, including documents linked hereto, is the entire agreement of the Parties, and reflects a complete understanding of the Parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. Any conflict between this document and any linked document shall be construed in favor of this document.