Resilicious Terms of Use
May 1, 2024
DISCLAIMER
BY USING THIS SERVICE YOU UNDERSTAND AND AGREE THAT RESILICOUS LLC IS AN INDEPENDENT WEB-BASED REFERRAL SERVICE/AFFILIATE MARKETER OF REAL ESTATE PROPERTY RELATED SERVICES AND CONTENT, AND DOES NOT CONTROL OR SUPERVISE ANY AFFILIATED REAL ESTATE CONTRACTORS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. IT'S SERVICE MARK PHRASE "CURATED CONTRACTORS" DOES NOT REFLECT ANY SUPERVISION OF THE QUALITY OF SERVICE FOR ANY SERVICES PROVIDED TO YOU. RESILICIOUS IS NOT RESPONSIBLE FOR THEIR ACTIONS ON YOUR PROPERTY. EACH AFFILIATED CONTRACTOR, VENDOR, ADVERTISER OR OTHER THIRD PARTY HAS ITS OWN CONTRACT TERMS AND CONDITIONS, WHICH WILL GOVERN ANY SERVICES PERFORMED ON YOUR REAL ESTATE PROPERTY.
This legal agreement (“Agreement”) between you (“you”) and Resilicious LLC, a Florida corporation (“Resilicious”, “us”, “we”, or “our”), should be read carefully before using our website and/or mobile application referral service (“Service”).
Use and PII
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don’t agree with these Terms of Use of this website and Services, then we ask you please to leave this website. However, if you do use this website, then such use operates as an acceptance and agreement that you agree to be bound by the Terms of Use of this website.
You agree not to enter or use the Service or website for any purpose that is not expressly permitted by these Terms of Use, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, patents, privacy, copyrights, trademarks, real estate property address, phone number, and data.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information (“PII”), and you assume all responsibility for dissemination and use of the information provided.
When you submit PII to this website, you agree and authorize Resilicious to share this information with one or more affiliated real estate contractors of Resilicious to contact you and to provide a free estimate of the services you need at your real estate property, such as exterior painting or driveway softwash. You also agree and consent to being contacted by Resilicious’s affiliated real estate contractors either by email, telephone, text, mail or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from Resilicious and its partners, on any landline or cell phone number provided to Resilicious, even if such a number is on a Do Not Call list and even if charges are incurred for the call or text. You have the right to opt out at any time by contacting Resilicious and/or the Resilicious affiliated real estate contractor(s). If you instruct Resilicious to remove your PII, it may retain anonymized data to indicate what service was performed at your address and on what date.
You are obligated to provide information that is accurate and complete so that Resilicious can provide you with an affiliated real estate contractor that is suited for the services you need, and Resilicious reserves the right to not continue with the service of any person or company that provides false, inaccurate or misleading information.
Resilicious is a referral service/affiliate marketing company. All Terms of Use between you and a Resilicious affiliated real estate contractor are governed by a separate legal agreement that does not involve Resilicious and is solely between you and the Resilicious affiliated real estate contractor. Resilicious does not endorse, validate, or recommend any legal agreements between you and any Resilicious affiliated real estate contractor. Please consult your own attorney.
Referrals provided by Resilicious via this website are not recommendations by Resilicious for any particular service provider referred and should not be considered as such. You are responsible for choosing the service provider(s) which best suits your individual needs.
Even though your participation in this referral service may be terminated by you or Resilicious at any time with written notice and it is voluntary, any referrals that Resilicious may have with a Resilicious affiliated real estate contractor before written notice of termination, are still effective.
You agree and acknowledge that Resilicious may modify the Terms of Use of this website and associated referral service at any time. Resilicious will notify you in advance of any significant changes of our services to provide you with the option of discontinuing the website and referral services. Your continued use of the website and associated referral services after the period listed in the notice indicates agreement and acceptance of the new Terms of Use.
For quality assurance, you agree that Resilicious may make a digital recording of any telephone calls you have with Resilicious or one of Resilicious’s real estate contractors for the sole purpose of providing quality assurance.
Moreover, Resilicious’s policy is to respond to claims of intellectual property infringement. Resilicious, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws, and will promptly investigate notices of alleged infringement and will take appropriate action. Under the DMCA, notifications of claimed copyright infringement should be sent to the designated agent of Resilicious’s affiliated real estate contractor.
Third Party Advertisements and Accuracy
This website may contain third party advertisements and links to third party sites, including those of Resilicious’s affiliated real estate contractors. Resilicious makes no representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Resilicious of the third party sites, goods, or services. Resilicious takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Resilicious intends that the information contained on our website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this website, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
Marketing statements or assertions made by Resilicious on this website or in advertising related that an owner of real estate property might sell their house faster and/or for money through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Such a hypothetical is presented as a question for you to research yourself. Any such statements or assertions made on this website regarding the “savings” or “average savings” of a homeowner are based upon Resilicious’s own internal analysis of home sales, may not be universally accurate, and are only intended to illustrate the financial distinction between the selling of an updated real estate home using Resilicious’s affiliated real estate contractor versus sale of a non-updated home.
Resilicious will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why
the information is used, refer to Resilicious’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.
In addition, your use of any linked website is subject to the Terms of Use of use and privacy policy imposed by the operator of the linked website.
Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These Terms of Use and all matters arising out of or in connection with the website and/or Terms of Use shall be governed by and interpreted according to the laws of the State of Florida (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this website and/or these Terms of Use not resolved amicably between you and Resilicious shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in the City of Sarasota, Florida, USA, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties. The party asserting the dispute (“Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (“Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association ( “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the Terms of Use breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Western District of Florida.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
With respect to any award in arbitration, the arbitrator: shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator; may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the Terms of Use or award injunctive relief to restrain any breach of the Terms of Use by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for monetary damages in the arbitration; and shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration. Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes or claim with Resilicious on an individual basis, and that any claims arising out of or in connection with the website and/or Terms of Use will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the website and/or Terms of Use.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration. For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Western District of Florida, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Sarasota County, Florida. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Modifications to the Website and/or Terms of Use
We may modify all or part of any of the website at any time, without notice to you. We encourage you to check the website regularly to ensure you are aware of the current terms. We may modify these Terms of Use at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page.
Prohibited Activities
You agree not to engage in the following prohibited activities: (a) engaging in activities or submitting materials that could be harmful to minors; (b) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and (e) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about website users, including names, phone numbers, addresses, email addresses, without their consent; (f) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; submitting materials that contain restricted or password only access pages, or hidden pages or images; (i) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (k) using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (l) decompiling, reverse engineering, or disassembling the software or attempting to do so; or using any device, software, or routine to interfere or attempt to interfere with the proper working of the website; (m) taking any action that imposes an unreasonable or disproportionately large load on the website or our hardware and software infrastructure or that of any of our licensors or suppliers, (n) use any of its trademarks as metatags on other websites; (o) use the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others; (p) display any part of the service in frames (or any content via in-line links); and/or (q) decompiling, reverse engineering, or disassembling the software or attempting to do so.
Indemnification
You hereby agree to indemnify and hold harmless Resilicious and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, all loss, expenses, damages, and costs reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) any claim that you misappropriated, infringed or otherwise violated any privacy or trademark, copyright, or other intellectual property right of any third party and/or (b) any breach, or alleged breach, of any of the Terms of Use of this website by you.
You agree to indemnify and hold harmless The Resilicious Real Estate Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless the Indemnified Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Resilicious has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services, including the Resilicious affiliated real estate contractors. You further acknowledge and agree that Resilicious is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of the Service or the acts of any Resilicious affiliated real estate contractors, or reliance on any such content, goods or services available on or through any such websites or services.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Resilicious makes no representations or warranties relating to the website and associated referral service including, without limitation, representations or warranties that (a) the website and associated referral service shall meet your requirements, (b) the operation of the website and associated referral service will be uninterrupted or error free, (c) the website and associated referral service will be secure; or (d) any defects in the website and associated referral service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ACTUALLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
RESILICIOUS IS NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS OF USE OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF RESIICIOUS IS ACTUALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. Resilicious’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, shall not exceed ten dollars ($10 USD).
Accounts
You have no obligation to work with, or get estimates from, Resilicious Affiliated Real Estate Contractors.
When you ask for an estimate on our website, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the agreement, which may result in immediate termination of your account on our service.
You are responsible for safeguarding any username and password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Any information you obtain from the Resilicious website is intended for your personal, non-commercial use. You will not copy, redistribute, or retransmit any of the information provided on the Resilicious website or from a Resilicious affiliated real estate contractor.
Termination and Survival
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement. All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the Terms of Use shall remain in full force and effect.
Contact Us
Any feedback, comments, requests for technical support, and other communications should be directed to customer service using our Contact Form.