Legal Policies: Terms of Service & Privacy Policy
Last Updated on: October 26, 2019
Welcome to the Resuscitating You website. Resuscitating You, LLC (“RY”) provides an open, nonjudgmental and supportive forum to help you heal from the things that have plagued you for way too long, so that you may figure out how to become the best version of you. RY includes advice and personal stories to improve your mental health, body, work life, and relationships. RY spotlights self-harm, a topic which has been kept secret. These are not only our stories, but your stories, too.
Please Read the Following Carefully.
DISCLAIMER
The diagnosis and treatment of self-harm, cutting, and other psychiatric disorders requires a trained medical professional. Information contained in this website reflects the opinion of RY and its agents; it is intended for educational purposes only. Such information should NOT be used as a substitute for professional diagnosis and treatment of any medical/psychiatric disorders. Please consult a medical professional not affiliated with RY if the information here leads you to believe you or someone you may know may be inflicting self-harm.
TERMS OF SERVICE
"COMPANY" refers to RY, and its affiliates, which shall mean its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, its websites, and/or social media pages. RY may also be referred to in this policy as "we," "our" or "us".
These Terms of Service (hereinafter "Terms of Service" or "Terms") states the terms and conditions between RY and you, including those you represent in use and participation (“You”, “Your”, “User”) to inform You about the procedures and policies that govern Your access to and use of our services, websites and/or social media pages (hereinafter collectively referred to as "Services"), and any information, advice, blog posts, news, reports, photos, text, graphics, or other materials appearing on the Services (hereinafter collectively referred to as "User Content" or “Content”). Your access to and use of our Services is expressly conditioned on Your acceptance of and full compliance of these Terms. By accessing or using the Services You agree to be bound these Terms, regardless of the country that You reside in or from where You create information.
You, the User, are solely responsible for Your use of the Services, for any User Content You post to the Services, and for any consequences that may ensue thereafter. You should only provide User Content that You are comfortable sharing with others under these Terms. In other words, other Users may search for, see, use, or share any of Your User Content that You make available through the Service, consistent with the terms of these Terms and our Privacy Policy (collectively, "our Policy"). Our Policy applies to all users and others who access the Services ("Users").
Your use of the Services is expressly conditioned on whether You can form a binding contract with RY and that You are not a person barred from receiving services under the laws of the United States of America or any other applicable jurisdiction for any reason whatsoever. Your acceptance of these Terms requires that You may use the Services only in strict compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If You have any questions regarding these Terms or our Services, please contact us at email@resuscitatingyou.com.
Arbitration Notice: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND RY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Changes to these Terms; Suspension of the Services
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms at any time without prior notice to You. The most current version of these Terms will always be at www.resuscitatingyou.com/terms-privacy-policy. The most current version of the Terms will govern our relationship. If we make a change to these Terms that, in our sole discretion, is material, we will notify You via an e-mail to the email associated with Your account or in any other reasonable manner that we deem fit. By continuing to access or use the Services after those changes become effective, whether or not You are notified of immaterial changes, You agree to be bound by the revised Terms. We may also suspend the Services, temporarily or permanently, with or without prior notice to You. We also retain the right to create limits on use and storage at our sole discretion, at any time, with or without prior notice to You.
Privacy and the Protection of Your Personal Information
Any information that You provide to us is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of Your information. By using the Services, You agree to be bound to the terms of the Privacy Policy.
Fees
Access to, and use of, the Services are currently free of charge. We reserve the right to charge a fee for access to or use of the Services in the future. Your current use of the Services, whether or not You are charged a fee for such use, shall not entitle You to use the Services without charge in the future.
RY’s Rights; User’s Rights for User Content
All rights, title, and interest to the Services are and will remain the exclusive property of RY. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms will be construed as giving You a right to use the RY website, name or any of the RY owned trademarks, logos, domain names, and other distinctive brand features, including, but not limited to, all the intellectual property relating to the RY website; the RY stylized logos; the RY tagline; RY’s photos, videos, drawings, assets, copy, content, brochures, and digital collateral that appears on the RY website, social media, or mobile pages; the trademarks and copyrights associated with the RY website.
Notwithstanding any obligations or covenants contained in the Terms, any feedback or comments that You may provide to us regarding our Services is entirely voluntary and we retain the right to use such feedback or comments as we see fit, at our sole discretion, without any obligation to You. We retain the right to modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
By submitting, posting or displaying Content on or through the Services, or by providing RY with any information through the website or our social media pages, including participating in forum discussions; submitting information for advice; posting images, stories, and poems; and participating in other programs offered by RY on the RY website or its social media, You grant us a worldwide, non-exclusive, royalty-free license, including the right to sublicense, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content and information in any and all media or distribution methods, whether now known or later developed. Notwithstanding the foregoing, we shall not sell any personally identifiable, non-aggregate information or any photos posted by Users, unless otherwise notified.
You are responsible for Your use of the Services, for any User Content You provide, and for any consequences thereof, including the use of Your User Content by other Users. You alone represent and warrant the accuracy of the User Content that You provide. We will in no way be liable for any consequences that result from the inaccuracy or any other defect of the User Content that You provide.
By virtue of these terms, we give You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by us as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
COMMUNICATIONS MAINTAINED BY THE SERVICES: WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Content Displayed or Used in the Services
Any and all User Content, whether publicly or privately posted, is the sole responsibility of the person who originated such User Content. We cannot and will not take responsibility for any User Content posted, displayed, or used via the Services. Users can create any type of record as User Content. Any use or reliance on any User Content posted via the Services or obtained by You through the Services is at Your own risk.
We cannot and will not endorse, support, represent, nor guarantee the legality, completeness, truthfulness, accuracy, or reliability of any Content or material posted via the Services. You understand and acknowledge that by using the Services, You may be exposed to User Content that might be inaccurate, deceptive, libelous, slanderous, or otherwise inappropriate. Under no circumstances will RY be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Services.
Reporting Abuse
Users can report inappropriate content that does not follow our Terms of Service by contacting us at email@resuscitatingyou.com. RY will review all reports it receives. We only remove users or content that are not following our Terms in our sole discretion and according to law. It's important to remember that RY does not mediate disputes between Users of our Services. We reserve the right to remove or deactivate User accounts alleged to be engaging in any of the prohibited actions listed above, without prior notice and at our sole discretion. In appropriate circumstances, RY reserves the right to terminate a user’s account if the user is determined to be a repeat infringer.
Copyright Policy
RY respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged infringement of rights of privacy or publicity that comply with applicable law and are properly provided to us. If You believe that Your rights of privacy or publicity has been broached in any way, whether that involves another user impersonating You or using Your name, please email us at email@resuscitatingyou.com and provide us with the following information: (i) proof of identification in the form of a federally accepted form of identification; (ii) 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 user; (iii) Your contact information, including Your address, telephone number, and an email address; (iv) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the rightful owner of the right to privacy and publicity, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the rightful owner. As mentioned above, we reserve the right to remove or deactivate user accounts alleged to be infringing, without prior notice and at our sole discretion. In appropriate circumstances, RY will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated agent for notice of alleged infringement appearing on the Services is:
Resuscitating You, LLC
3680 Wilshire Blvd.
Ste P04 – 1064
Los Angeles, CA 90010
Email: email@resuscitatingyou.com
Disclaimer of Warranties
SERVICES ARE AVAILABLE "AS-IS". YOUR RELIANCE ON, USE OF, AND ACCESS TO THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED BY LAW, RY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. RY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT RY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INACCURATE, MISLEADING, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU hereby release and forever waive any and all claims YOU may have against RY and its officers, directors, employees, parents, affiliates, agents, subsidiaries, MEMBERS, and successors–in-interest (collectively, “RY”) for losses or damages YOU sustain in connection with YOUR use of the RY Services. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF OR INABILITY TO USE THE RY SERVICES SHALL BE TO DISCONTINUE USE OF THE RY SERVICES. No claims, regardless of form, arising out of, or in any way connected with, these terms of service or the RY Services may be brought by You more than one (1) year after the cause of action has accrued.
Exclusions and Exceptions
Some jurisdictions do not allow the disclaimer, exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You. In such jurisdictions, RY’s liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless RY, its subsidiaries, agents, distributors, affiliates, and their officers, directors, and employees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitations, reasonable attorney’s fees, resulting from Your breach of any provision of these Terms, the Privacy Policy, or any warranty You provide herein, or otherwise arising in any way out of Your use of the Services and any related RY Services and/or software. You agree to cooperate fully with RY in the assertion of any available defenses in connection with a claim subject to indemnification by You under these Terms.
Waiver and Severability
The failure of RY to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or Your state or country of residence law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Los Angeles County, California, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Arbitration; No Class Actions
Except if You opt-out or for disputes relating to: (1) RY’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) Your violations of use restrictions contained herein, You agree that all disputes between You and RY (whether or not such dispute involves a third party) with regard to Your relationship with RY, including without limitation disputes related to these Terms, Your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and You and RY hereby expressly waive trial by jury. As an alternative, You may bring Your claim in Your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on Your own behalf. Neither You nor RY will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if RY is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either RY or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If You do so properly, neither You nor RY can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within 30 days of the date that You first became subject to this arbitration provision. You must use this address to opt out:
Resuscitating You, LLC
3680 Wilshire Blvd.
Ste P04 – 1067
Los Angeles, CA 90010
You must include Your name and residence address, your email address, and a clear statement that You want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of Your relationship with RY.
Copyright Information; Open Source Components
Users acknowledge that RY has used (and may use in the future) the following open source components in the development of the Services. The components are listed below:
1. Squarespace
2. Google AdSense
3. Paypal
4. Venmo
5. G Suite
PRIVACY POLICY
We want You to feel comfortable knowing what happens with the information You provide to us. We provide this Privacy Policy to inform You, the user, about the procedures and policies that govern the collection, use, sharing, and disclosure of Your information in connection with RY’s services.
The security of personal information about our users is a priority to us. We protect this information by maintaining safeguards. We receive Your information either from what You provide to us through our website, email communications, APIs (application programming interface), and social media. We use this information to send You information about our services and to share with third party service providers to better shape Your user experience. This helps us adapt to consumers’ behaviors to provide for a smoother process (and soon, easier ways to order products and merchandise with RY). Regardless of the country that You reside in or create information from, Your information may be used by us in the United States or any other country where we operate.
By accepting our Privacy Policy and Terms of Service (collectively, "our Policy"), You consent to our collection, transfer, manipulation, storage, disclosure, and other uses of Your personal information ("Your information") as described in this Privacy Policy. Further, by using the Service, You understand and agree that we are providing a platform for You to post content, including photos, comments, stories, poems, and other materials (collectively, "User Content"), to the Service and to share User Content in accordance with our Policy. Our policy applies to all users and others who access the Services ("Users").
All the definitions contained in the Terms of Service apply to the Privacy Policy.
If You have any questions regarding this Privacy Policy or our collection and use of information, please contact us at email@resuscitatingyou.com.
Collection and Use of Your Information
Types of Information we May Collect:
· Name, gender, date of birth, age, and other demographic information
· Mobile number
· Address
· Email address and email communications
· Credit card numbers when purchasing merchandise
· Mobile device information
· How You use and access our website and social media platforms, if any
· User content (e.g., text, photos, recommendations, poems, stories)
Information kept in Log Data: RY servers are set up to automatically record information created by Your use of our Services (hereinafter referred to as "log data"). Log data may include information such as date, time, Your IP address, referrer, browser version, operating system, page visited (including User Content). Other user actions, including but not limited to, Your interactions with our website, may also be included and stored as log data. We reserve the right to hold log data for seven (7) days, and as long as You have not requested us to delete Your information, through RY’s formal deletion/deactivation process (see "User’s Privacy Rights" below).
Sharing and Disclosure of Your Information
Preservation or Disclosure of Information in Law or Harm: RY will not share Your private personal or non-personal information with any other parties, with the exception of our website and software developers, and only for the purposes of constructing, developing or improving RY’s website and/or software programs. Nonetheless, we reserve the right to preserve and/or disclose Your personal information if we believe, in our sole discretion, that such disclosure and/or preservation is reasonably necessary to comply with a law, legal request, or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect RY’s rights or property.
Disclosure of Information in the event of Business Transfer: In the event that RY is involved in a merger, bankruptcy, acquisition, reorganization or sale of assets, Your information may be sold or transferred as part of that transaction. The covenants in this Privacy Policy will apply to Your information as transferred to the entity that results from that transaction.
Disclosure of Information to Service Providers: RY may engage certain trusted third parties to complete functions and provide certain services to us in order to provide a better user experience and to help us understand the use of our Services. In doing so, we may share Your information with these parties, but only to the extent necessary to perform these functions and provide such services, and only in accordance with the covenants and obligations of this Privacy Policy.
User’s Privacy Rights
Accessing and Updating Your Personal Information: Once RY receives the personal information You provided to us and associated with You, that information is stored and used by RY in accordance with this Privacy Policy.
Right to Request Information Collected: You have the right to request what categories and pieces of information RY has collected by contacting email@resuscitatingyou.com. This request can only be honored two (2) times a year and the request must be verified by RY to be granted. In the event that RY collects or uses any other additional categories of personal information not listed above, RY will first provide You with notice of such intent.
Right to Request Deletion of Information Collected: You have the right to request that RY delete Your collected personal information. Upon the request to email@resuscitatingyou.com, we will delete the information, subject to our discretion, and direct any service providers to do the same. However, information necessary for RY’s business may not be deleted, such as detecting security incidents, complying with a legal obligation, enabling solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business, or otherwise using Your information internally, in a lawful manner.
Third Party Sales Rights: RY sometimes uses third party service providers to enhance the user experience, but does not sell Your information without notice to You.
Minors’ Third Party Sales Rights: RY’s Services are directed to people above the age of majority. For any person using our Services who is less than 16 years of age, RY must obtain that user’s consent before selling personal information to third parties. For any person using our Services who is less than 13 years of age, RY must obtain that user’s parent’s or guardian’s consent before selling personal information to third parties. For further information, contact email@resuscitatingyou.com.
Time Limitation on Claims
You agree that any claim You may have arising out of or related to Your use of the Services or relationship with RY, must be filed within one year after such a claim arose; otherwise, Your claim is permanently barred.
Entire Agreement
The Terms of Service, together with our Privacy Policy, which is incorporated herein by reference, are the entire and exclusive agreement between RY and You regarding the Services, and our Policy supersedes and replaces any prior agreements between RY and You regarding the Services. No person or company will be third party beneficiaries to our Policy.
We may revise these terms from time to time; the most current version will always be at www.resuscitatingyou.com/terms-privacy-policy. The most current version of the policy will govern our use of Your information. If we make a change to this policy that, in our sole discretion, is material, we will notify You via an e-mail to the email associated with Your e-newsletter subscription or other reasonable method. By continuing to access or use the Services after those changes become effective, whether or not You are notified of immaterial changes, You agree to be bound by the revised Privacy Policy.
The Services are operated and provided by RY having a mailing address of 3680 Wilshire Blvd., Ste P04 – 1067, Los Angeles, CA 90010. If You have any questions about these Terms, please contact us at email@resuscitatingyou.com.