Terms and Conditions

Effective as of 9/9/2024

Introduction

These terms and conditions (“Terms”) apply to your use of this website and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”, or “Site”), owned and operated by Resplendence, PLLC (the “Company,” “we,” “us,” or “our”).  

This Website provides information, education, and other services and products to a user of the Website (“you” or “Customer” or “User”).  This Website and all content or services available on or through this Website are provided for informational purposes only and do not constitute the practice of medicine or any other professional judgment, advice, diagnosis or treatment, and should not be considered or used as a substitute for the independent professional judgment, advice, diagnosis or treatment of a duly licensed and qualified healthcare provider. In case of a medical emergency, you should immediately call 911.

Eligibility

The Website is provided solely to individual third-party users over the age of 18 (“Users”). You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Use.

Acceptance

This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and the Company.  It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use.  If you do not accept these terms and conditions, you must not access or use the Website. 

We may revise and update these Terms at any time. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.  We suggest that you check the Site periodically for any updates to the Terms. Your continued usage of the Website after an update to the Terms means you accept those updates.

Intellectual Property

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide.

Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws

Copyrights and Trademarks

Violating the trademark or copyright rights of others is a violation of these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright of Resplendence, PLLC or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Resplendence, PLLC is the owner of all trademarks and service marks on this Website, whether registered or not.

Proper Use

Resplendence, PLLC grants you, as a User, permission to access and view the Site and its Content, for your personal, general, non-commercial informational purposes only. The Site and its Content are NOT a substitute for the exercise of independent professional judgment by any healthcare provider or any other  professional (including any User), including with respect to the diagnosis or treatment of any patient, and including without limitation such provider’s obligation to independently confirm the completeness and accuracy of information, such as any Content accessed hereunder, in accordance with generally accepted standards of good medical practice applicable to the provider’s profession in the applicable jurisdiction(s).

Unauthorized Use

Unauthorized use of this Website is prohibited. The following uses are expressly unauthorized:

  • Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.

  • Collecting information about others including, without limitation, e-mail addresses, without their explicit consent.

  • Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website; or posting any unauthorized material to the pages of the Website or the databases that power it.

  • Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.

  • Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.

  • Taking any action or making any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the our legal rights (including, without limitation, privacy and publicity rights) or the legal rights of a third party.

  • Violating the copyright, trademark, or other intellectual property rights of any other person or entity.

  • Improperly assuming or claiming the identity, characteristics, or qualifications of another person or entity.

  • Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.

  • Taking actions to seek or discover any materials or information, including passwords, through or in connection with the Website, except as authorized by these Terms and as intentionally made available to you through the Website.

  • Attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.

  • Interfering or attempting to interfere with the use of the Website by other users.

  • Violating any applicable laws or regulations.

  • Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.

Additional Resources

There may be additional sites, services, widgets, embeds, social media, software, or other third-party features that linked to or offered by Resplendence, PLLC via the Site (“Additional Resources”). We are not responsible for the accuracy or content of information contained therein. These Additional Resources may have their own terms of use and agreements that may contain additional or different terms and requirements than those set forth in these Terms. You are advised to check for and review the agreements associated with these Additional Resources. In the event of a conflict between these Terms and the terms of the Additional Resources, the terms of the Additional Resources shall govern with respect to use or access of such Additional Resources.

 Privacy and Security

Resplendence, PLLC is committed to protecting your online privacy. Please review the Site’s “Online Privacy Policy” and HIPAA Notice of Privacy Practices for details.

Geographic Restrictions

The owner of the Website is based in the State of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

Limitation of Liability

Neither Resplendence, PLLC nor any Resplendence, PLLC Representatives, have or shall have, and all hereby expressly disclaim, any and all responsibility or liability of any kind to a User, any Institution, or any third party resulting from, arising out of, relating to, or otherwise connected in any way with any use of, reference to, or reliance on the Site or Content by Users, any Institution, or any third party.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Hold Harmless and Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

No Assignment

You shall not assign the Terms or assign any of your rights or delegate any of your obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Resplendence, PLLC’s prior written consent. Any such purported assignment or delegation without Resplendence, PLLC’s prior written consent will be null and void and of no force or effect.

Relationship of the Parties

It is expressly understood that each party to the Terms is an independent contractor, and that nothing herein shall be construed as creating a partnership, joint venture, agency, or employment relationship between you or your Institution and Resplendence, PLLC. Neither you nor your Institution shall have any right, power or authority, express or implied, to bind Resplendence, PLLC. Nothing in this Agreement is intended, nor shall be deemed, to confer any obligation to, or to confer any rights or any benefits on, any non-party.

Miscellaneous

These Terms constitute the entire agreement between Resplendence, PLLC and you and (if applicable) your Institution with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, whether oral or written, are hereby superseded and cancelled. Neither these Terms nor any rights or obligations hereunder may be modified, amended, assigned or transferred by you or your Institution without prior written consent of Resplendence, PLLC. If any provision of these Terms is held to be invalid or unenforceable by a court or other legal authority having jurisdiction over Resplendence, PLLC, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Any failure by Resplendence, PLLC to act with respect to a breach by you or others does not waive Resplendence, PLLC’s right to act with respect to subsequent or similar breaches. The failure of Resplendence, PLLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the Terms. These Terms shall be governed by, construed, performed, and enforced in accordance with the laws of the State of North Carolina, without giving effect to any choice or conflict of law provision or rule thereof. Because the Site is controlled, operated, and provided by Resplendence, PLLC from its office in North Carolina and are made available only for educational or informational purposes, you agree that Resplendence, PLLC’s actions hereunder do not constitute “doing business” in any specific jurisdiction or soliciting business for Resplendence, PLLC or any of its affiliates or subsidiaries or establishing “minimum contacts” in any state outside of North Carolina. Any action or proceeding seeking to enforce, or based on any right arising out of, these Terms, may be brought against any of the parties hereto, whether brought during the term hereof of thereafter, only in the courts of the State of North Carolina, or, if it has or can acquire jurisdiction, in the United States District Court for the Middle District of North Carolina, and each of the parties hereto consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any action or proceeding brought hereunder and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.

If you have questions regarding the Terms, please contact us at

1391 Kildaire Farm Rd #1020
Cary, NC 27511

984-224-7470

hello@experienceresplendence.com