Resiliency Mind+Body Medicine Privacy Policy

Resiliency Mind+Body Medicine Privacy Policy

 

Introduction

Purpose At RMB (https://resiliencymbmedicine.com), we value your privacy. To put that into practice, we take reasonable steps toward protecting your privacy and managing your information.This Privacy Policy describes the information we collect, where it comes from, how it’s used, and how it is stored.This Privacy Policy also includes information to help you understand how the choices you have can change the collection and usage of certain information and how you can contact us with questions or concerns.By using this Website, contacting us, or providing any personal information, you signify your consent to this Privacy Policy, agree to comply with its terms, and consent to our collection and usage of your personal information as described in this Privacy Policy, in all cases subject to applicable law.

 

Scope

This Privacy Policy at https://resiliencymbmedicine.com/privacy-policy applies only to our website at https://resiliencymbmedicine.com (the “Website”) and to visitors and users of our Website. It does not apply to any information we collect through channels, online or offline, other than this Website, such as phone, email, or mail operations concerning our operations, products, or services, as well as non-Website marketing contacts with you. For your convenience, this Website may contain links to other websites. This Privacy Policy does not apply to any third-party website or service, and you should review the privacy policies of those sites before using them because other websites may not treat information collected online in the same manner as we do. Those privacy policies may include information about how to view, edit, download, or remove information or how to opt-out of certain practices. We are not responsible for the privacy practices, advertising, products, or content of those websites.Updates and ChangesIf we decide to change our Privacy Policy, we will post those changes on this page at https://resiliencymbmedicine.com/privacy-policy. If you are concerned about how your personal information is used, please visit our Website often for this and other important announcements and updates.

 

Problems/Questions

If you have questions or concerns about our Privacy Policy, you may contact us at https://resiliencymbmedicine.com/privacy-policy.

 

What Information We Collect

This section includes a general description of the type of information we may collect about you. Those who wish to communicate with us but do not wish to provide personally identifiable information through the Website may contact us through the address or phone numbers provided on our Website, or through our online chat function.Information you provide to usWe collect some information that you provide directly to us through this Website.We collect contact information you provide, including:  Name, Phone Numbers, Email Address. We collect this information with your consent, to perform any contract you may have with us,  and in service of our legitimate business interests.We do not seek to or intentionally collect any financial information that you provide directly to us.We do not seek to or intentionally collect other information that you provide directly to us.We do not seek to or intentionally collect other identifying information that you provide directly to us.We collect information about your usage of the Website that you provide, including: Location. We collect this information with your consent, to perform any contract you may have with us, and in service of our legitimate business interests.We do not seek to or intentionally collect sensitive information that you provide directly to us.Information we collect about youEven if you do not submit personal information through the Website, we gather navigational information about where visitors go on the Website and information about the technical efficiencies of our Website and services (such as time to connect to the Website or time to download pages). This information allows us to see which areas of our Website are most visited and helps us better understand the user experience. This data helps us improve the quality of the Website by recognizing and delivering more of the features, areas, and services our visitors prefer.In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (such as domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We collect this information to perform any contract you may have with us, and in service of our legitimate business interests.We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website by collecting, aggregating, and using information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration or your visits to our Website, the search queries you use on this Website, whether you clicked on any items or links on the Website, whether you have clicked on any links in any emails sent from us or third parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services, to improve our products and services. We collect this information to perform any contract you may have with us and in service of our legitimate business interests.We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties, such as credit information to prevent fraud, or purchase email lists from third parties for advertising and marketing purposes. We collect this information to perform any contract you may have with us and in service of our legitimate business interests.If you access the Website using a device, we may collect the following device data:Device Type, Operating System, Unique device identifiers, Device settings, Geo-location data, IP addresses, Browser type, Browser ID, Clickstream data, User workflow progress, Other (text field). We collect this information to perform any contract you may have with us and in service of our legitimate business interests.

 

Cookies

The Website uses a common browser feature known as a cookie, which assigns a unique identification to your computer browser and session. Cookies are typically stored on your computer’s hard drive and are used to help maintain an expected user experience by tracking clicks as you go through the pages within our Website and informing the Website that each of your clicks comes from you individually when needed. We may also use cookies to tell us whether you have previously visited the Website. We may also use cookies that can be set by third parties with whom we have entered into agreements that may enable us to obtain analytic information about the use of our Website.These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as other information we have about you.We collect this information with your consent in many cases, to perform any contract you may have with us, and in service of our legitimate business interests.We may use any of these kinds of cookies:Essential cookies – used for logins and account managementPerformance cookies – used for analytics, including visitor trackingFunctionality cookies – used for preferences (time zone and language) and enhanced contentTargeting/advertising cookies – used by content partners or banner networksYou can choose to disable cookies through your individual browser options. There are browser settings that will set it not to accept cookies or to notify you if a cookie is sent so you can decide to accept it. There are other browser settings to remove cookies previously set. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.Features on the Website may not work correctly if you disable all cookies.

 

Surveys and promotions

When we conduct surveys or other promotions, we often request information from users. Users can decide whether or not to participate in any of these activities and to disclose or not disclose any requested information accordingly.We may ask for information to help us understand you as a user, such as contact information, and all of our users, such as demographic information. We use this information to provide better services and options to you and to all our users.We also use the information you provide to run our surveys and promotions. The information we collect may be used in additional ways, such as being shared with the sponsors or administrators of the survey or promotion.We collect this information with your consent, to perform any contract you may have with us, and in service of our legitimate business interests.Google ads, analytics, and other services. Google provides several different technologies to our Website in the course of serving our users. These services may include the use of cookies, which we’ve described elsewhere in this Privacy Policy. You may want to review the Google privacy and terms page on Advertising (https://policies.google.com/technologies/ads) to determine what options you may have to control collection and usage of your information.Similarly, Google Analytics uses cookies and device identifiers in the course of providing its analytics. This, and other analytics software, tracks website usage (pages, forms, and files) and traffic (referring page, pages visited, and exit page) to help us understand how users use the Website. You may want to review the details on how Google Analytics collects and processes data at “How Google uses data when you use our partners’ sites or apps” (https://www.google.com/policies/privacy/partners/).We collect this information to perform any contract you may have with us and in service of our legitimate business interests.We use the following third-party advertising services:  Google Ads. Each of these companies has its own privacy policy governing their use of data.We collect this information in service of our legitimate business interests.We use the following email service providers:  Gmail. Each of these companies has its own privacy policy governing their use of data.We collect this information in service of our legitimate business interests.We use the following technologies: Geo-location of IP addresses. Each of these companies has its own privacy policy governing their use of data.We collect this information in service of our legitimate business interests.

 

How We Use Personal Information

We collect personal information so that we can: Operate and improve our WebsiteOperate our business, Improve our goods and services, Communicate with you, Ensure compliance with law, Operate and Improve our Website. Here are some examples of what we mean by operate and improve our Website:Keep the Website running, Personalize your website experience, Provide support and respond to questions from users and Website visitors, Maintain security of information and data, Address network functioning, engineering, and troubleshooting issues, Prevent fraud, Process payments, Grant access to the Website, Register user accounts, Attribute content to the right person, Improve our Website, Improve, personalize, and expand our website, Personalize experiences, Understand and analyze how you use our website, Learn about users’ needs, Track traffic patterns and Website usage, Customize our recommendations and promotions to you, Operate our Business. Here are some examples of what we mean by operate our business:Keep RMB running, Provide our offerings, Comply with legal requirements, Fulfill orders and deliveries, Recruit team members, Administer our business and keep proper records, Engage in a sale of all or part of our business, Improve our goods and services. Here are some examples of what we mean by improve our goods and services:Develop new products, services, or features, Measure, support, and improve our offerings, Analyze trends and conduct research about improving our products and services, Communicate with you. Here are some examples of what we mean by communicate with you, directly or through one of our partners:Provide customer service, Email you, mail you, or contact you in other ways you approve, such as phone or text, Provide updates and other information relating to the Website, Send you marketing messages, Send surveys, Launch and operate promotions, Suggest products or services of interest, Contact you for research or informational purposes, Enable online registration and provide customer service with respect to registration, Email newsletters, Ensure compliance with the law, Prevent fraud, Investigate atypical usage, Investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process, Comply with law, Prevent fraud and reduce credit risks, Cooperate with police and other governmental authorities when subject to judicial or administrative process (such as a subpoena) or as provided by lawRespond to civil or criminal investigations, claims, or lawsuitsRespond as we believe is necessary or appropriate to prevent physical harm or financial loss, Protect the rights, property or safety of visitors to the Website or the public, Resolve disputes.

Location of Personal Information

We must, of course, store and process your data somewhere.We store or process your data only in the United States.

 

How We Secure Information

We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information and to protect you against the criminal misuse of that information.While we use these security measures to protect your information, please remember that no data transmitted over the Internet or stored and used for business purposes can ever be completely secure. No security measures are perfect or impenetrable. We cannot guarantee:that your information will only be viewed by approved peoplethat information you share will remain privatethat information you share will not become publicly availableYou can reduce the chances of these things happening by using a strong password, by not re-using passwords, and by protecting your devices against viruses and other malware.Business TransactionsIf we sell our assets or merge with another company, or if our company goes out of business, user information used by the business will be one of our assets that might be transferred to our successor. You consent to that successor’s use of your information, subject to the terms of this Privacy Policy.Access and Choice. You have choices about the information we collect.If you do not want to agree to the ways we’ve said that we might use your personal information, your first and best step is to not submit any of that personal information to us.If you do not want to receive emails that we send, including those with information or promotions, you can unsubscribe to those emails by clicking the unsubscribe link, responding with “unsubscribe,” or contacting the “help” email address below.If you do not want to receive other marketing materials from us or if you do not want us to share your personal information with other entities as described in this Privacy Policy, please send us your name, address, and email address, together with a statement that you want to opt-out from information sharing or receiving materials (or both).Please use this page to communicate your request:https://resiliencymbmedicine.com/privacy-policy or send your information and request to:101 N. Brand Ave., 10th Floor, Glendale, CA 91203.

 

Children’s Personal Information

This Website is not intended to be used by children under the age of 13. Children under the age of 13 may not use or submit any information to the Website, and their guardians should not permit them to do so. The Company does not seek to or intentionally collect any personal information from children under 13. If such a child or their guardian alerts us, we will take reasonable steps to delete any such information as quickly as is practical.

 

JURISDICTION-SPECIFIC PROVISIONSThe provisions in the following sections reflect requirements of various legal jurisdictions that may apply to some users but not others. Because our users may access the Website from anywhere, we expend meaningful effort to comply with all of those laws to which we are subejct. If you are not the intended subject of a particular section, then those terms will not apply to you or your usage of the Website. US State Privacy Rights. If you are a resident of one of the US states below and the processing of personal information about you by the Website is subject to privacy laws that are specific to your state, you have certain rights with respect to that information, in all cases subject to state law. Some state privacy laws are relatively new, and so the correct interpretation of these laws is not yet settled in some cases. In those cases, we will make a good-faith effort to comply with the law..

COLORADO-This section applies only if you are a Colorado resident and we (1) (A) do business in Colorado or (B) produce products or services that are targeted to Colorado residents and (2) (A) during a calendar year, control or process personal data of at least 100,000 Colorado residents or (B) control or process personal data of at least 25,000 Colorado residents and derive revenue or receive a financial benefit from the sale of personal data.You have the following rights:1. A right of knowledge – you may ask that we confirm whether or not we are processing your personal data.2. A right of access – you may ask to access your personal data we are processing; you may ask to receive a copy of the personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.3. A right of correction – you may correct inaccuracies in your personal data, taking into account the nature of that data and the purposes of processing that data.4. A right of deletion – you may ask that we delete personal data provided by or obtained about you.5. A right of opt-out – you may opt out of the processing of the personal data for purposes of (1) targeted advertising, (2) the sale of personal data, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You also have the right to opt out by using a universal opt-out mechanism that meets technical standards that will be established by the state attorney general.6. A right to appeal – you have the right to appeal a company decision not to fulfill any of these requests.We have the following related obligations, subject to applicable law:1. Timely response to your requests. We have to respond to your requests without undue delay, but in all cases within 45 days of receipt. We may extend the response period once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 45-day response period, together with the reason for the extension.If we decline to take action on your request, we have to inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, including the justification for declining to take action and instructions for how to appeal our decision.In general, we will provide information in response to your requests without charge, up to once annually per user.    2. Appeal mechanism.We have to establish a process for you to appeal our refusal to take action on a request within a reasonable period of time after your receipt of our decision not to take action.We have to make the appeal process conspicuously available and similar to the process for submitting requests to initiate action. You may appeal our decision by replying to our decision or by making a new request for an appeal of that decision.Within 45 days of receipt of an appeal, we have to inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. We may extend the response period once by 60 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 45-day response period, together with the reason for the extension.If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the state attorney general to submit a complaint.Under Colorado law, you have the option to opt-in to processing of your personal data for targeted advertising or the sale of personal data on the terms described in detail in this privacy policy. Even after you provide opt-in consent, you may withdraw your consent by using the opt-out procedures described in this privacy policy. This disclosure will also be included where you can opt-in as described in this paragraph.We do not “sell” personal information as defined by Colorado law nor do we process your personal data for targeted advertising.Please make any of your requests under Colorado law, as applicable, using one of these methods: https://resiliencymbmedicine.com/privacy-policy101 N. Brand Ave., 10th Floor, Glendale, CA 91203

CONNECTICUT-This section applies only if you are a Connecticut resident and we (1) (A) do business in Connecticut or (B) produce products or services that are targeted to Connecticut residents; and (2) during the prior calendar year, controlled or processed the personal data of (A) at least 100,000 Connecticut residents; or (B) (i) at least 25,000 or more Connecticut residents and (ii) we derived over 25% of our gross revenue from the sale of personal data.You have the following rights:1. A right of knowledge – you may ask that we confirm whether or not we are processing your personal data.2. A right of access – you may ask to access your personal data we are processing; you may ask to receive a copy of the personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format. 3. A right of correction – you may correct inaccuracies in your personal data, taking into account the nature of that data and the purposes of processing that data. 4. A right of deletion – you may ask that we delete personal data provided by or obtained about you.5. A right of opt-out – you may opt out of the processing of the personal data for purposes of (1) targeted advertising, (2) the sale of personal data, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.6. A right to appeal- you have the right to appeal a company decision not to fulfill any of these requests.We have the following related obligations, subject to applicable law:1. Timely response to your requests.We have to respond to your requests without undue delay, but in all cases within 45 days of receipt.We may extend the response period once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 45-day response period, together with the reason for the extension.If we decline to take action on your request, we have to inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, including the justification for declining to take action and instructions for how to appeal our decision.In general, we will provide information in response to your requests without charge, up to once annually per user.2. Appeal mechanism.We have to establish a process for you to appeal our refusal to take action on a request within a reasonable period of time after your receipt of our decision not to take action.We have to make the appeal process conspicuously available and similar to the process for submitting requests to initiate action.Within 60 days of receipt of an appeal, we have to inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the state attorney general to submit a complaint.We do not “sell” personal information as defined by Connecticut law nor do we process your personal data for targeted advertising.Please make any of your requests under Connecticut law, as applicable, using one of these methods: https://resiliencymbmedicine.com/privacy-policy101 N. Brand Ave., 10th Floor, Glendale, CA 91203

UTAH-This section applies only if you are a Utah resident and we (1) (A) do business in Utah or (B) produce products or services that are targeted to Utah residents; (2) earn at least $25 million in annual revenue; and (3) during the prior calendar year, controlled or processed the personal data of (A) at least 100,000 Utah residents; or (B) (i) at least 2 5,000 Utah residents and (ii) we derived over 25% of our gross revenue from the sale of personal data.You have the following rights:1. A right of knowledge – you may ask that we confirm whether or not we are processing your personal data.2. A right of access – you may ask to access your personal data we are processing; you may ask to receive a copy of the personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.3. A right of deletion – you may ask that we delete personal data provided by you.4. A right of opt-out – you may opt out of the processing of the personal data for purposes of (1) targeted advertising or the sale of personal data.We have the following related obligations, subject to applicable law:1. Timely response to your requests.We have to respond to your request without undue delay, but in all cases within 45 days of receipt.We may extend the response period once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 45-day response period, together with the reason for the extension.If we decline to take action on your request, we have to inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, including the justification for declining to take action and instructions for how to appeal our decision.In general, we will provide information in response to your requests without charge, up to once annually per user.We do not “sell” personal information as defined by Utah law nor do we process your personal data for targeted advertising.We do not process sensitive personal information as defined by Utah law.Please make any of your requests under Utah law, as applicable, using one of these methods: https://resiliencymbmedicine.com/privacy-policy101 N. Brand Ave., 10th Floor, Glendale, CA 91203

IOWA-This section applies only if you are an Iowa resident and we (1) (A) do business in Iowa or (B) produce products or services that are targeted to Iowa residents; and (2) during the prior calendar year, controlled or processed the personal data of (A) at least 100,000 Iowa residents; or (B) (i) at least 25,000 Iowa residents and (ii) we derived over 50% of our gross revenue from the sale of personal data.You have the following rights:1. A right of knowledge – you may ask that we confirm whether or not we are processing your personal data.2. A right of access – you may ask to access your personal data we are processing; you may ask to receive a copy of the personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.3. A right of opt-out – you may opt out of the sale of personal data.We have the following related obligations, subject to applicable law:1. Timely response to your requests.We have to respond to your request without undue delay, but in any case within 90 days of receipt.We may extend the response period once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 90-day response period, together with the reason for the extension.If we decline to take action on your request, we have to inform you without undue delay, but in any case within 90 days of receipt of the request, including the justification for declining to take action and instructions for how to appeal our decision.In general, we will provide information in response to your requests without charge, up to twice annually per user.2. Appeal mechanismWe have to establish a process for you to appeal our refusal to take action on a request within a reasonable period of time after your receipt of our decision not to take action.We have to make the appeal process conspicuously available and similar to the process for submitting requests to initiate action.Within 60 days of receipt of an appeal, we have to inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the state attorney general to submit a complaint.We do not “sell” personal information as defined by Iowa law.We do not process sensitive personal information as defined by Iowa law nor do we process your personal data for targeted advertising..Please make any of your requests under Iowa law, as applicable, using one of these methods: https://resiliencymbmedicine.com/privacy-policy101 N. Brand Ave., 10th Floor, Glendale, CA 91203

VIRGINIA-This section applies only if you are a Virginia resident and we (1) (A) do business in Virginia or (B) produce products or services that are targeted to Virginia residents and (2) (A) during a calendar year, control or process personal data of at least 100,000 Virginia residents or (B) control or process personal data of at least 25,000 Virginia residents and derive over 50 percent of our gross revenue from the sale of personal data.You have the following rights:1. A right of knowledge – you may ask that we confirm whether or not we are processing your personal data.2. A right of access – you may ask to access your personal data we are processing; you may ask to receive a copy of the personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.3. A right of correction – you may correct inaccuracies in your personal data, taking into account the nature of that data and the purposes of processing that data.4. A right of deletion – you may ask that we delete personal data provided by or obtained about you.5. A right of opt-out – you may opt out of the processing of the personal data for purposes of (1) targeted advertising, (2) the sale of personal data, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.6. A right to appeal – you have the right to appeal a company decision not to fulfill your request.We have the following related obligations, subject to applicable law:1. Timely responseWe have to respond to your request without undue delay, but in all cases within 45 days of receipt.We may extend the response period once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any extension within the initial 45-day response period, together with the reason for the extension.If we decline to take action on your request, we have to inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, including the justification for declining to take action and instructions for how to appeal our decision.In general, we will provide information in response to your requests without charge, up to twice annually per user.2. Appeal mechanismWe have to establish a process for you to appeal our refusal to take action on a request within a reasonable period of time after your receipt of our decision not to take action.We have to make the appeal process conspicuously available and similar to the process for submitting requests to initiate action.Within 60 days of receipt of an appeal, we have to inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the state attorney general to submit a complaint.Please make any of your requests under Virginia law, as applicable, using one of these methods: 
https://resiliencymbmedicine.com/privacy-policy

101 N. Brand Ave., 10th Floor, Glendale, CA 91203

Updated: August 6, 2023

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TERMS OF USE

Introduction

Welcome to www.resiliencymbmedicine.com! By using our website, you acknowledge that you have read and understood these terms of use (the “Terms”), which incorporate by reference our Privacy Policy, located at www.resiliencymbmedicine.com/privacy-policy, and agree to be bound by the Terms.

It is your obligation to review these Terms before using the Website. If you do not understand or have questions about the Terms, please stop all use of the Website and contact us at info@resiliencymbmedicine.com.

Any changes to these Terms will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.

These Terms apply only to the Website and do not apply to any websites, even those controlled by us, that are linked to the Website. For access to the terms of use or privacy policies of linked websites, you should refer to the policies of those websites.

Purpose

The Website is intended to be a mental health services clinic.

Definitions

• “RMB” means Resiliency Mind+Body Medicine, a California corporation, who is the owner and operator of the Website.

• “Website” means the website located at www.resiliencymbmedicine.com.

• “Content” means any and all material, existing or having existed on the Website in any fashion from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, or linked or contained in any subpage of the Website or existing as data, designs, text (on every page of the Website, whether editorial, navigational, or instructional), images, graphics (including all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third parties), code or programming (includes both client-side code and server-side code (including compiled or interpreted code in any computer language, databases, etc.) used on the Website), and includes all material that we have provided on or as part of the Website or which any Users have submitted, posted, uploaded, or otherwise provided to the Website.

• “Services” means any of the products or services provided by or through RMB.

• “User” means any person or entity, as the case may be, who accesses the Website. As a User, you are subject to these Terms and our Privacy Policy www.resiliencymbmedicine.com/privacy-policy and agree  to abide by all terms and conditions contained in these Terms.

 

Usage and Access

GENERAL USE OF THIS WEBSITE

We hereby grant you a limited license to view and use the website solely for your Personal use and only as an aid to properly engaging with the Website as a User. You may use the Website only in a manner consistent with your bona fide Personal needs.

The Website and any Services are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website, and their guardians should not permit them to do so.

Individuals older than 13 but under the age of 18 may access the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and responsible for all of the User’s actions taken on the Website. These age restrictions are based on applicable law for the benefit of such children.

RESTRICTIONS ON USE OF THE WEBSITE

Any unauthorized use by you or on your behalf, including as described in this section of these Terms, will automatically terminate the license granted by us, and you may not thereafter use the Website for any personal or business purpose.

Except as provided in these Terms or by the Website itself, you may not:

• use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms or by applicable law;

• download (other than page caching), excerpt, summarize, copy, or create derivative works from any portion of the Website;

• gather information from the Website from data mining, robots, spiders, or similar extraction tools;

• interfere with the proper operation of the Website including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan horses, Viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the Website or the use of the Website by any User;

• circumvent or attempt to circumvent any security or access control technology implemented on the Website or its associated servers and networks;

• advertise or otherwise engage in any commercial endeavor, including any pyramid, network marketing, Ponzi, or similar scheme;

• impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;

• disrupt the normal flow of communications or affect the ability of any User to use this Website; or

• advocate illegal activity or an intention to commit an illegal act or violate any applicable local, state, national or international law.

 

TERMINATION OF ACCESS

Use of this Website is not a legal right. We reserve the right to suspend or terminate your access to the Website for any reason or no reason at any time, in our sole discretion without considering the potential ramifications on you and your activities.

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Information You Provide

If you choose to provide any personal information via this Website, the information will be used only for the purposes described in our Privacy Policy www.resiliencymbmedicine.com/privacy-policy. 

To facilitate communications between you and us, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, you and we both acknowledge that no data transmitted over the Internet can be guaranteed to be completely secure and that no security measures are perfect or impenetrable. You agree to release us from (1) any liability to you for any unaccepted or unprocessed email instructions or requests and (2) from any loss or damage arising out of any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us, without including the sensitive information, to arrange a more secure means of communication.

Subject to the Privacy Policy, any information, materials, suggestions, ideas, or comments you send to us (each, a “Submission”) are deemed non-confidential. By sending us a Submission, you hereby grant, will grant, and agree to grant us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform, and distribute the Submission for any purpose whatsoever (commercial or otherwise), in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. This grant includes the right to use the Submissions and any ideas, concepts, or know-how contained in the Submission for any purpose, including developing, manufacturing, distributing, or marketing products or services.

 

Prohibited Information

Please do not send us any confidential or proprietary information or trade secrets through the Website. They are not protected by any confidentiality agreement, and you do so at your own risk.

Information you submit through the Website or otherwise may not contain:

• commercial speech, such as links to other websites, solicit money or offer securities, or contain any chain letters, pyramid schemes, or spam;

• the intellectual property of a third party, including trade secrets, except in accordance with applicable law (that is, fair use or appropriate permission) or infringe on such IP;

• material that is false or misleading or impersonates another person, or misstates or misleads as to identity, gender, or age;

• material that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise unlawful;

• viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components or links to such items; or

• any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

 

Intellectual Property

Rights

RMB owns all intellectual property rights relating to the RMB brand and other content including: copyright, trademark, service mark, trade name, trade dress, logo, patents and patentable subject matter, trade secrets, and data elements and other Content that has or provides the “look and feel” of the RMB brand image, as well as our own Content, including the text, graphics, programming (including source and object code), photographs, video, and audio contained in the Website (the “Intellectual Property”). All other intellectual property not owned by RMB is the property of its respective owner or licensee, as the case may be.

We reserve all rights to all of our Intellectual Property. Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms.

You may not display, copy, modify, create derivative works of, sell, or distribute any of the Intellectual Property, or use it in any other way for public or commercial purposes except in accordance with these Terms and the intended purpose of the Website.

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Infringing Third-Party Intellectual Property

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate or suspend use of the Website to Users who infringe the intellectual property rights of others.

We will respond to claims of copyright and trademark infringement in accordance with applicable law. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under applicable law, including the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2).

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Reporting Infringement

Only the intellectual property rights owner may report potentially infringing items through this reporting system. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner, who can choose whether to use the procedures set forth in these Terms.

If you believe that your work is the subject of copyright infringement or a trademark infringement, provide our copyright agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the reporting information to our agent for notice of claims of copyright or trademark infringement as follows:

1. By email: info@resiliencymbmedicine.com

2. By mail: 101 N. Brand Ave., 10th Floor, Glendale, CA 91203.

Please note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing is subject to liability for damages.

Once a proper, bona fide notification of infringement is received by the designated agent, our policy is to:

1. Remove or disable access to the allegedly infringing material;

2. Notify the User whose material has been removed or disabled; and

3. For repeat, flagrant, or bad-faith offenders, remove the allegedly infringing material from the Website and, in our discretion, terminate such User’s access to the Website and the Services.

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Responding to a Notice of Infringement

If after receiving a notice of infringement, you may elect to send us a counter-notice. To be effective, the notice must be in writing, provided to our designated agent, and include substantially the following (please consult your own attorney or see 17 U.S.C. §512(g)(3) to confirm these requirements):

A physical or electronic signature of the User;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which RMB may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Send the notice to our agent for notice of claims of copyright or trademark infringement as follows:

1. By email: info@resiliencymbmedicine.com

2. By mail: 101 N. Brand Ave., 10th Floor, Glendale, CA 91203.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification is subject to liability for damages.

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Disclaimers and Limitations

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website or use the Services.

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Disclaimers

THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS OR SERVICES FROM RMB, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY. RMB DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

RMB DOES NOT WARRANT THAT THE CONTENT, FUNCTIONS, OR SERVICES CONTAINED IN OR ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR-FREE. YOU, AND NOT RMB, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES. RMB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF ITS USE RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE MAY INCLUDE ERRORS (INCLUDING TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.

NEITHER RMB NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE WEBSITE WILL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE OR THE SERVICES.

Third Parties and Third-Party Websites

The Website may contain links to other websites for your convenience and information. Links may be contained on pages, or in blog posts, emails from us, or newsletters we make available from time to time.

Such links may be to advertisers, merchandise retailers, payment processors, content providers, social media or other companies who may use our logo or style as a result of a co-branding agreement. These websites may be operated by companies that are not affiliated with RMB and may have different privacy policies and terms of use. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, such presentation is not an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third party. RMB does not control the content that appears on these websites or their privacy practices.

We hereby disclaim any liability or responsibility for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Accessing third-party websites from our Website is therefore done at your own risk.

These Terms apply only to the Website and do not apply to any websites, even those controlled by us, that are linked to the Website. For access to the terms of use or privacy policies of linked websites, you should refer to the policies of those websites.

Information Monitoring and Updates

We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date, and we make no representation to you about the completeness, accuracy, or timeliness of any information on the Website, such as information about the nature or characteristics of any goods or services we provide, including pricing or terms of sale.

We do not assume any obligation to review or monitor the Content or other information submitted to the Website by third parties. We may review some, none, or all of the information submitted to the Website. We reserve the right to remove, edit, or reject any information submitted to the Website for any reason or no reason. You assume the responsibility of verifying the accuracy of any posted information through your own independent investigation.

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any messages or publishing or otherwise making available any materials that are believed to violate these Terms or applicable law.

You consent to our disclosure, without your further consent or notice, of your IP address, username, name, IP location or other information as required by any subpoena issued to us by a court or from a law enforcement or government agency. We may challenge any such subpoena on legal grounds but are not required to do so.

Viruses

RMB does not assume any responsibility or risk for your use of the Internet and the myriad of risks it presents.

We cannot and do not guarantee that the materials contained on this Website will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively, “Viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against Viruses.

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Limitations of Liability

IN NO EVENT WILL RMB, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RMB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF RMB IS HELD RESPONSIBLE BY ANY COURT, THEN THE MAXIMUM LIABILITY OF RMB TO YOU FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID RMB FOR SERVICES.

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Disputes

Indemnification

You shall indemnify, defend and hold harmless RMB, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors from any losses or liabilities including reasonable attorneys’ fees and costs of suit, arising out of any claims, actions, demands, liabilities, and settlements, including third-party claims and causes of action, arising out of or related to any one or more of the following: (1) your use of the Website or the Services; (2) information, including Submissions, that you submit, transmit, or otherwise make available via the Website; (3) your breach of these Terms; (4) your use of the intellectual property of a third party; (5) any investigations of or involving you or your conduct by RMB, law enforcement, or governmental authorities; and (6) your violation of any applicable law.

Release

You, on behalf of your successors and assigns or heirs and personal representatives, as the case may be, hereby irrevocably and fully release RMB, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with information or Submissions provided by third parties to, through, or in connection with the Website or Services.

 

Dispute Resolution

Governing Law. California law governs your use of the Website, the Services, and all disputes, claims, actions, suits, or other proceedings arising out of or related to the Website, the Services, these Terms, or the Privacy Policy.

Dispute Resolution. The parties shall first use good-faith efforts to attempt to resolve any dispute, claim, or controversy arising out of or relating to the Website, the Services, these Terms, or the Privacy Policy by negotiation before bringing any action, other than an action for preliminary injunctive relief.

Venue. Any mediation, dispute or court proceeding based on or arising out of the Website, the Services, these Terms, or the Privacy Policy must be brought in the state or federal courts sitting in Orange County, CA.

Jurisdiction. You and RMB hereby irrevocably consent to the personal jurisdiction by such courts. You and RMB represent that such courts are a convenient forum.

Time period for bringing claims. Regardless of any statute or law to the contrary, any claim under these Terms or Privacy Policy must be brought within one (1) year after the cause of action arises, or such claim will be forever barred and deemed released.

Fees and costs. The prevailing party in any action or proceeding under these Terms will be entitled to recover legal fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which the party may be entitled.

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Additional Provisions

1. Entire Agreement. These Terms, together with the Privacy Policy www.resiliencymbmedicine.com/privacy-policy, constitute the entire agreement between you and RMB governing the Website or Services and supersede any prior agreements or understandings, oral or written, between you and RMB with respect to the Website or the Services. Each of us represents to the other that we are not relying on any representations or promises not set forth in these Terms or the Privacy Policy. You also may be subject to additional contractual terms that may apply if you use or purchase certain Services of RMB and enter into a separate agreement.

2. Waiver. The failure of RMB to enforce any right in these Terms or the Privacy Policy will not constitute a waiver of any right or provision.

3. Severability. If any provision of these Terms or Privacy Policy is found by a court to be unenforceable for any reason, it will not affect any other provision, and these Terms or Privacy Policy will be construed without regard to the unenforceable provision.

4. Local Laws. The materials on the Website may not be appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules, and regulations applicable to them. RMB may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction.

5. Relationship. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.

6. Assignment. RMB may assign these Terms or Privacy Policy and delegate any of its obligations.

 

Updated: August 6, 2023

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