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Resilicious Terms of Use

May 1, 2024

Resilicious.com

 

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, the Real Estate Contractors suggested to you by Resilicious.

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 our Contact Form.

 

 

Resilicious Privacy Policy

May 1, 2024

Resilicious.com

It is our goal to respect the privacy of each user of this website (referred to herein as “you” or “user”). This Privacy Statement (“Policy”) describes how information is collected, used, and disclosed by Resilicious, LLC. (“Resilicious”), when you use our websites, mobile applications, and other online products and services (collectively, “Services”) or otherwise interact with us.

BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU WILL CEASE AND DESIST ALL USE OF THIS WEBSITE IMMEDIATELY. Resilicious reserves the right to modify this Policy from time to time by posting a notice on the website’s home page or any other reasonable means. Your use of the website after the date of the last modification listed at the beginning of this Policy indicates acceptance of, and agreement to, any changes made.

Information You Provide to Us

When using this website, you may be asked to provide personally identifiable information about yourself, including but not limited to your name, contact information (i.e., email address, physical address, telephone number), and details about services you are interested in obtaining estimates on for your real estate property, and in some cases payment or financial information (collectively, “PII”). You may also provide information about a third party through the website or through other mediums, for example, if you share information on behalf of a friend or relative with one of our sales representatives. We may combine information that you provide to us directly with other information we collect from your interaction with the website or from other companies.  Resilicious may collect and store any such information for its own internal use and purposes, including but not limited to providing such information to any of its affiliated real estate contractors to provide the services referenced on this website or estimates for providing those services to you. Note that Resilicious uses affiliated real estate contractors, which are third parties who are not our employees or agents, and we do not supervise, direct, or control any affiliated real estate contractor’s provision of real estate services, such as exterior painting or driveway softwash. Resilicious receives a fee from affiliated real estate contractors after referral and the real estate services are complete at your real estate property.

Automatically Collected Information

Pages on this website may also include web beacons or pixels, which are used to count visits to individual pages of the website, to track activity over time, to track whether and how users have interacted with emails or direct mail we send, or to gather other information about your devices or your interactions with the website. Information collected this way may be combined with other information you provide or that Resilicious collects about you, which may include but is not limited to your individual browser, device type, login information, access times, operating system, Internet Service Provider, or IP address. You may determine what information Resilicious accesses from a mobile device or mobile browser by adjusting the related settings on your device. Refer to your device or mobile service provider’s instructions for details about how to accomplish this. For devices that enable location services, Resilicious may collect the location of your device, which may be used to provide you information and advertising based on your location. This feature can be deactivated by disabling location services on your device.

Resilicious may use multiple technologies to track phone calls and text messages made between you and Resilicious’s representatives so that we can record when you communicate with us, access certain details about your inquiries and communications, and provide better customer service. As part of this process, Resilicious may receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the contents of the text message.

This website may include Social Media Features, such as the Facebook Like button, the X post button and other social sharing buttons or interactive mini-programs. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on this website. Your interactions with these features are governed by the privacy policy of the company providing the same.

A cookie is a small data file, often including an anonymous unique identifier that is sent from a website’s computer and stored on your computer. Use of cookies is common on the Internet. A web website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser permits a web website to access only the cookies it has already sent to you, not the cookies sent to you by other websites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.) You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the website may not function properly and may not provide services or information you have requested.

Third Parties, with whom we are affiliated to provide certain features on this website, provide services, or display advertising based upon your Web browsing activity, may also use, collect, and store information.

Use of Information

You expressly consent to Resilicious’s use of the information provided by you on this website to:

(A) Provide, improve, and maintain our services and provide you with the services that you request;  

(B) Provide you with periodic industry updates, if you so choose;

(C) Answer your questions or complaints and provide better customer service;

(D) Refer you our affiliates or sales associates who may provide you with services;

(E) Communicate with you about our Services and any other events, news or information about Resilicious and its affiliates;

(F) Monitor and analyze trends, usage, and activities in connection with our Services;

(G) Personalize and improve the Services and provide content, features, or advertisements that match your interests and preferences; 

(H) Link or combine with other information we get from third parties to help understand your needs and provide you with better service; and

(I) Communicate directly with you, including autodialed phone calls, text messages, and prerecorded messages from Resilicious and its affiliates, on any landline or cell phone number provided to Resilicious, even if such number is on a Do Not Call list and even if charges are incurred for the call or text.  You understand that consent to receiving such communications is not a condition of receiving Resilicious’s services and that you can contact us via our Contact Form for services should you choose not to receive such communications. Please refer to our Terms of Use.

Resilicious’s affiliated real estate contractors may use cookies, web beacons, SDKs, and other technologies to identify your device when you use this website.  We may use Google Analytics and other such tracking mechanisms to collect information about the use of this website. More information on Google Analytics — including how you can control the information sent to Google — can be found here:  www.google.com/policies/privacy/partners/

While third party affiliated  real estate contractors are contractually obligated to comply with this Privacy Policy in their storage, use and disclosure of any Information that you provide to them, we do not guarantee that they will always comply with such obligations. The website is hosted by servers in the United States. If you are located outside of the United States, the Information you provide will be transferred to the United States. By submitting the Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Policy.

Sharing Your Information

By using this website, you agree that we may share the Information you provide with our affiliated real estate contractors and partners, as permitted by law, in order to fulfill our commitment of providing you with the Services referenced on the website.  We may share the Information you provide under the following circumstances:

(A) Third party vendors we engage to provide Services on our behalf, such as hosting, Internet cloud storage, web-website development, and support, have access to the Information, but have agreed not to view the Information or to use it for any purpose other than providing the requested Services;

(B) To enforce this Privacy Policy or any other part of our terms and conditions to protect our property or rights;

(C) To protect the safety of anyone;

(D) To investigate, prevent, or take action regarding illegal or improper activities;

(E) To carry out a merger, acquisition, or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction;

(F) For other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process; and

(G) Upon obtaining your consent to do so.

Resilicious is not responsible for the privacy practices of any other websites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Information by third parties.  We do not sell your personal information to third parties. Resilicious may also share, or store or process aggregated or anonymized information that does not directly identify you.

Security

Resilicious’s website hosting service provider maintains its systems in accordance with reasonable industry standards to reasonably secure the information of Resilicious and users of this website.  No data transmission over the Internet, however, can be guaranteed to be 100% secure. You agree to use this website at your own risk. If you have questions about security on our Web site, you can contact us via our Contact Form.

If Your Information Changes

If your Information changes or if you no longer wish to use the website, you may correct or update your Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the website, via our Contact Form.

United States Privacy Rights

If you are a resident of California, Colorado, Connecticut, or Virginia you have the right to submit certain requests relating to your PII as described below. To exercise any of these rights, please submit a request to us via our Contact Form including the email address that you have used to transact with Resilicious. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected PII. An authorized agent may submit a request on your behalf by emailing us at the email listed above. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

a. California Privacy Rights

This section supplements the other parts of our Policy and provides disclosures for California residents under the California Consumer Privacy Act (the “CCPA”).

Right to Know: You have the right to know about your PII. You also have the right to obtain a transportable copy of your PII. Your right to know request may be made no more than twice in a 12-month period.

Your right to know request may encapsulate the following:

The categories of Personal Information we have collected about you;

The categories of sources from which the Personal Information was collected;

Our business or commercial purposes for collecting, selling, or sharing your Personal Information;

The categories of third parties to which we disclosed your Personal Information;

The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared;

The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed; and

The specific pieces of Personal Information we have collected about you.

 

Right to Correct Personal Information: You may request that we correct Personal Information that we maintain about you if you believe such Personal Information is inaccurate. Upon receipt of a verifiable request to correct inaccurate PII, we will use commercially reasonable efforts to correct the information as you direct.

Right to Request Deletion of Personal Information: You may request that we delete your PII that we have collected directly from you and are currently maintaining. Please note, however, that we may have a legal basis for retaining such PII under applicable law, despite your request.

Opt-Out Rights: You have the right to opt out of the selling or sharing of your PII by contacting Resilicious in writing. If you choose to use an opt-out browser signal, such as the Global Privacy Control, you will be opted out of cookie-based sales and shares. Please note that visiting our Sites with an opt-out browser signal enabled will have the effect of opting you out of sales and sharing with respect to our Sites. You will need to turn on the signal for each browser that you use.

Right to Limit Use and Disclosure of Your Sensitive Personal Information: If we use sensitive PII to infer characteristics about you, you may direct us to limit the use and disclosure of your sensitive PII to uses and disclosures that are reasonably necessary to provide our goods and services. We do not use or disclose sensitive PII to infer characteristics, nor do we use or disclose sensitive PII for other purposes not listed here.

Right to Non-Discrimination for the Exercise of Your Privacy Rights: If you choose to exercise any of your privacy rights under California law you also have the right not to receive discriminatory treatment by us.

California Shine the Light

Separately from the CCPA, the California Shine the Light law permits customers in California to request certain details about how their personal information is “shared” with third parties as defined in the Shine the Light law, and in some cases affiliates, if personal information is shared for those third parties’ or affiliates’ own direct marketing purposes. We share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Californians may request information about our personal information sharing by contacting us via our Contact Form. Please include “California Shine the Light Request” in the subject line and in the body of your message. Please note that “Shine the Light” rights and CCPA rights are granted by different laws and must be exercised separately.

b. Other State Privacy Rights Apart from California

This section supplements the other parts of our Policy and provides additional information for residents of Virginia, Colorado, and Connecticut. If you are a resident of California, please review our California-specific disclosures above.

We may process your Personal Information for targeted advertising and some of the ways that we disclose Personal Information may constitute a sale (as the term is defined in the applicable state privacy laws).

If you are a resident of Virginia, Colorado, and Connecticut, subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your Personal Information:

Right to Access. You have the right to request access to and obtain a copy of any Personal Information that we may hold about you.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information.

Right to Delete. You have the right to request that we delete Personal Information that we have collected from or obtained about you.

Right to Opt Out of Targeted Advertising. You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by adjusting your cookie preferences through the “Do Not Sell or Share My Personal Information” link in the footer of this page.

Right to Opt Out of Sales. You have the right to opt out of our Sales of your Personal Information.

Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use PII to conduct profiling.

Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision (Virginia, Colorado, and Connecticut only).

c. Nevada Privacy Rights

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law.

Children’s Privacy

We do not collect any information from anyone under 16 years of age. The Services we offer are all directed to people who are at least 16 years old or older. If you are under the age of 16, you are not authorized to use the Services.

International Visitors

Resilicious operates and is based in the United States. If you are using our Services outside the United States, please be aware that the information described in this Policy may be transferred to, or processed and stored in, the United States and other countries, which may employ greater or less restrictive data protection laws. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country. In all cases, we will take appropriate measures to protect your personal information in accordance with the standards described in this Policy.

Security

The security and confidentiality of your Personal Information is important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect your Personal Information from unauthorized access or disclosure and improper use. It is important for you to protect against unauthorized access to your account password and to your computer. Be sure to log out of your account or to close your browser after you have completed your visit to our Services. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, therefore we cannot guarantee the absolute security of your Personal Information.

Your Choices

You may contact us via our Contact Form to update, correct, or delete your PII. You may also update, correct, and delete some of your PII through your account on the Services.

You may opt out of marketing emails by clicking the “unsubscribe” link at the bottom of emails we send or by contacting us via our Contact Form.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us via our Contact Form.

Contact

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123-456-7890 

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