TERMS OF SERVICE
Terms of Service
Last updated: February 26, 2021
Permission is granted to temporarily access and use the materials (information or software) on the Site or for the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make any materials available to any third party;
- attempt to decompile or reverse engineer any software contained on the Site;
- remove any copyright or other proprietary notations from the materials;
- circumvent, remove, alter, deactivate, degrade, or thwart any security protections on the Site; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate these Terms of Service and may be terminated by ResonantBrand at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, and (iv) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
Intellectual Property Rights in this Site
You acknowledge that the Site, services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that all content published on the Site (“Content”) is and shall remain the property of ResonantBrand or ResonantBrand’s licensors.
You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
All trademarks, logos and services marks displayed on the Site and the Services, if any, are trademarks belonging to us, our affiliated entities, our licensors, or other applicable parties (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our benefit, our affiliated entities, or our licensors, as the case may be.
We may, in our sole discretion, post the advertisements of third parties on the Site and/or links to third-party websites. The display of advertisements and links on the Site is not intended as, and does not in any manner constitute, a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings. We are not responsible for the content of any linked external websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked external websites, you do so at your own risk.
No Responsibility for Connectivity
You are responsible for the means you use to access the Site and the services contained on the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING INFORMATION, PHOTOGRAPHS AND IMAGES FROM THIRD PARTIES, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF PROFITS OR BUSINESS INTERRUPTION) OR DUE TO THE USE OF OR INABILITY TO USE THE MATERIALS.
In using this Website, you agree that the Companies shall not be liable for any damages whatsoever (including indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from (a) your use of or reliance on information contained on this Website; (b) any inaccuracy or omission in such information or failure to keep the information current; (c) use of any third party web sites linked or referred to in this Website; (d) any delays, inaccuracies or errors in, or in the transmission of, any price quotes or historical price data; (e) any Internet software used in connection with this Website or computer viruses or other destructive programs encountered as a result of using this Website; and (f) any other matter connected with the Website; even if the Companies is made aware of the possibility of such claims, damages or losses.
Although considerable care has been taken in preparing and maintaining the information and materials contained on this Website, they are provided on an “as is” basis, without warranty of any kind, either express or implied, with respect to the accuracy or completeness of the information. Unless otherwise indicated, all information posted on this Website is current only as of the date of the document that contains the information, if indicated, or the date on which the document is posted, whichever is earlier. The Companies may at any time make changes to the information at this Website without prior notice. You should always ensure that you are referring to the most current information available on this Website.
In this Website, the Companies have provided links and references to several other websites. The Companies have no control over information at sites hyperlinked or referred to in this Website. These links and references are being provided for the convenience of the users of this Website and the Companies do not endorse and is not responsible or liable for the content, nature or reliability of any linked or referenced website or any link contained in a linked or referenced website. The Companies take no responsibility for monitoring, updating, supplementing or correcting any information on any linked or referenced website and makes no representation or warranties regarding such information. Please be aware that in linking or going to these outside websites, you are leaving the Website and that the Companies are not responsible for the content of any other site.
TO THE MAXIMUM PERMITTED UNDER LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) UNDER NO CIRCUMSTANCES WHATSOEVER WILL ResonantBrand AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT, OR RELIANCE ON ANY OF THE FOREGOING, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE TO PERFORM BY ResonantBrand, AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, OR ANY PORTION THEREOF SHALL BE LIMITED TO $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THE CONTENT MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
We prohibit the use of any links to the Site from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other web site. The Site may periodically provide links to third party web sites. This Terms of Service governs only the Site and not any such third party web sites, and ResonantBrand has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ResonantBrand of the site. Use of any such linked website is at the user’s own risk.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.
Electronic Communications and Contracting
By assenting to these Terms of Service, you agree that a printed version of these Terms of Service and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Specifically, you agree to receive and/or obtain such communications (collectively, “Communications”) from ResonantBrand and its affiliates in electronic form, rather than in paper form, and to the use of electronic signatures in our relationship with you. The term “Communications” includes, but is not limited to, documents, agreements, terms, data, records and any other communications regarding your relationship to ResonantBrand, including Form CRS or any other notices, summaries, forms, disclosures or documents required by law, rule or regulation.
You represent that you have the appropriate personal computer or other electronic device, software, and internet connection to enable you to retain, if you so choose, any Communications that ResonantBrand sends in electronic form for your records. If you have the legal right under any federal and/or state laws or regulations to receive a document in paper form, you may withdraw your consent to receiving that document in electronic form by contacting ResonantBrand at [email protected] A withdrawal of your consent to receive such document in electronic form will be effective only after we have had reasonable time to process your request.
Compliance with Applicable Laws
The Site and Services are based in the United States. We make no claims concerning whether the Site, the Services, or any Content may be viewed or be appropriate for use outside of the United States. If you access the Site or Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site and Services. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
If these Terms of Service are terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of these Terms of Service, which shall remain in full force and effect: Intellectual Property Rights in this Site, Disclaimers, Limitations and Miscellaneous. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, USA, except with regard to its conflicts or choice of law rules. You expressly agree (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Nevada, USA, as applicable; and (ii) that the Site shall be deemed passive that does not give rise to personal jurisdiction over ResonantBrand, either specific or general, in jurisdictions other than Nevada. These Terms of Service contains the entire agreement between ResonantBrand and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between ResonantBrand and you concerning the Site. All rights not expressly granted herein are reserved by us. Our failure to act on or enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by ResonantBrand and you in writing, these Terms of Service constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.