Terms and Conditions
Last Updated: May 27, 2018
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
1. Contractual Relationship
These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites including BookSessions.com, content, products, and services (the "Services") made available in the United States and its territories and possessions by Resilient Secure Technologies LLC and its subsidiaries and affiliates (collectively, "Resilient Secure Technologies LLC"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Resilient Secure Technologies LLC. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Resilient Secure Technologies LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on Resilient Secure Technologies LLC.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Resilient Secure Technologies LLC may amend the Terms related to the Services from time to time. Amendments will be effective upon Resilient Secure Technologies LLC's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Resilient Secure Technologies LLC's Privacy Policy located at https://www.booksessions.com/Home/Privacy.
2. The Services
The Services constitute a technology platform that enables users of Resilient Secure Technologies LLC's websites or mobile applications provided as part of the Services (each, an "Application") to schedule and book services with third party providers of such services, PROVIDER ORGANIZATIONS, that may include independent third party providers under agreement with Resilient Secure Technologies LLC or certain of Resilient Secure Technologies LLC's affiliates ("Third Party Providers"). Unless otherwise agreed by Resilient Secure Technologies LLC in a separate written agreement with you, the Services are made available under separate agreements solely between you and Third Party Providers. YOU ACKNOWLEDGE THAT RESILIENT SECURE TECHNOLOGIES LLC DOES NOT PROVIDE PERSONAL SERVICES TO YOU as an INDIVIDUAL USER.
License.
Unless otherwise stated, Resilient Secure Technologies LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public that requires login to access;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, except as a Provider Organization operating within the approved use of the site;
- or redistribute material from this website except for content specifically and expressly made available for redistribution.
Subject to your compliance with these Terms, Resilient Secure Technologies LLC grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the BookSessions.com website and Services, in each case solely for your personal, non-commercial use if you are not operating as a Provider Organization. Provider Organizations, and their agents may only use content within the approved use of the site. Any rights not expressly granted herein are reserved by Resilient Secure Technologies LLC and Resilient Secure Technologies LLC's licensors.
Restrictions.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of Resilient Secure Technologies LLC.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Resilient Secure Technologies LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Resilient Secure Technologies LLC's various brands, including the Session booking service referred to as "BookSessions.com".
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Resilient Secure Technologies LLC does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Resilient Secure Technologies LLC does not endorse such third party services and content and in no event shall Resilient Secure Technologies LLC be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications
developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain Resilient Secure Technologies LLC's property or the property of Resilient Secure Technologies LLC's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Resilient Secure Technologies LLC's company names, logos, product and service names, trademarks or services marks or those of Resilient Secure Technologies LLC's licensors.
3. Your Use of the Services
User Accounts.
In order to use most features of the BookSessions.com Services, you must register for and maintain an active personal user Services account ("User Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Resilient Secure Technologies LLC certain personal information, such as your name, email address, mobile phone number and password that you agree not to share with anyone. Unless otherwise permitted by Resilient Secure Technologies LLC in writing, you may only possess one Personal User Account.
Provider Organization Accounts.
In addition to creating and maintaining a User Account for the Provider Organization’s Owner (and each person representing a provider Organization Resource), each Provider organization must provide information about the business, its principal, legal name or doing business as (D/B/A), legal address, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Resilient Secure Technologies LLC's termination of this Agreement with you. The Provider Organization’s Owner is responsible for all activity that occurs under the Provider Organization’s Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Provider Organizations are also responsible for the User Content uploaded by any of its agents.
User Requirements and Conduct.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain cases, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging.
By creating a User Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Resilient Secure Technologies LLC at any time by texting the word STOP to 619-319-9307 from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Resilient Secure Technologies LLC may, in Resilient Secure Technologies LLC's sole discretion, create promotional codes that may be redeemed for Provider Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Resilient Secure Technologies LLC establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Resilient Secure Technologies LLC; (iii) may be disabled by Resilient Secure Technologies LLC at any time for any reason without liability to Resilient Secure Technologies LLC; (iv) may only be used pursuant to the specific terms that Resilient Secure Technologies LLC establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Resilient Secure Technologies LLC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Resilient Secure Technologies LLC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Resilient Secure Technologies LLC may, in Resilient Secure Technologies LLC's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Resilient Secure Technologies LLC through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of
entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Resilient Secure Technologies LLC, you grant Resilient Secure Technologies LLC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Resilient Secure Technologies LLC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Resilient Secure Technologies LLC the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Resilient Secure Technologies LLC's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Resilient Secure Technologies LLC in its sole discretion, whether or not such material may be protected by law. Resilient Secure Technologies LLC may, but shall not be obligated to, review, monitor, or remove User or Provider Organization Content, at Resilient Secure Technologies LLC's sole discretion and at any time and for any reason, without notice to you.
In these terms and conditions, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Resilient Secure Technologies LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Resilient Secure Technologies LLC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
User Accounts are available at no cost to users that are only consuming services through booking sessions provided by Provider Organizations.
Provider Organizations may be charged a monthly fee (currently $5 US) for maintaining a Provider Organization Profile. They may also be charged a monthly fee for each Resource that may be independently scheduled as a Calendar(currently $10), and if a Resource has SMS (Text messages) enabled, then additional charges may be assessed, depending on the volume of messages in a 30-day period. (Currently a flat $3 US per month for up to 100 SMS messages per calendar, and 1 cent for each message over that number for a Resource calendar.
Effective June 1, 2018, we will revise our pricing to three tiers: small, medium, and large. Small provider organizations will pay $14.95 if billed monthly or $149.99 paid annually for up to five (5) concurrent active calendars with SMS messages included. Medium providers will receive up to ten (10) concurrent calendars for a flat cost of $24.99 per month or $249.99 per year. Larger firms may negotiate a preferred rate and may receive custom services to meet their needs.
Only a new provider organization is eligible to receive one complementary month of service on a promotional basis.
Provider Organizations should understand that use of the Services may result in charges to them for the services or goods received from Resilient Secure Technologies LLC ("Charges"). After a Provider Organization has created and activated an organization “Resource”, Resilient Secure Technologies LLC will facilitate your payment of the applicable Charges on behalf of “BookSessions.com”, or the Third Party Provider organization, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Resilient Secure Technologies LLC. You retain the right to request lower Charges from a Third Party Provider for services or goods received by a Provider Organization from such Third Party Provider at the time you receive such services or goods. Resilient Secure Technologies LLC will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
At this time, we do not collect funds on behalf on provider organizations from their clients.
Charges for the first month of a new Provider Organization and new activated Resources are due immediately and payment will be facilitated by Resilient Secure Technologies LLC using the preferred payment method designated in your Account, after which Resilient Secure Technologies LLC will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Resilient Secure Technologies LLC may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available. Each following month, charges will be assessed on the anniversary date or 28th of the month. The amount due will be any monthly fee assessed the organization, plus the charges for active Resource calendars, plus any usage charges including for high SMS text message counts (over the base rate of 300 per Calendar) from the prior month, if applicable.
As between you and Resilient Secure Technologies LLC, Resilient Secure Technologies LLC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Resilient Secure Technologies LLC's sole discretion. Resilient Secure Technologies LLC will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Resilient Secure Technologies LLC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your booking for services from a Third Party Provider at any time prior to session, but it is between you and the Third Party Provider whether you are charged a cancellation fee. Resilient Secure Technologies LLC does not currently collect funds for providers and is not a party to any transactions between you and any Third Party Provider.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided, if payment is made through one of Resilient Secure Technologies LLC’s Services.
After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RESILIENT SECURE TECHNOLOGIES LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RESILIENT SECURE TECHNOLOGIES LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RESILIENT SECURE TECHNOLOGIES LLC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
RESILIENT SECURE TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF RESILIENT SECURE TECHNOLOGIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESILIENT SECURE TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF RESILIENT SECURE TECHNOLOGIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESILIENT SECURE TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RESILIENT SECURE TECHNOLOGIES LLC'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING SERVICES REQUESTED THROUGH BookSessions.com or other BRANDS MAY OFFER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL RESILIENT SECURE TECHNOLOGIES LLC'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSOR OF FIVE HUNDRED U.S. DOLLARS (US $500) OR THE ACTUAL AMOUNT YOU PAID THROUGH RESILIENT SECURE TECHNOLOGIES LLC'S FOR SERVICES IN THE PRIOR 30 DAYS.
THIS SECTION DOES NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
5. Indemnity.
You agree to indemnify and hold Resilient Secure Technologies LLC and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Resilient Secure Technologies LLC's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
Arbitration.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Resilient Secure Technologies LLC, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Resilient Secure Technologies LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Resilient Secure Technologies LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Missouri and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and Resilient Secure Technologies LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Resilient Secure Technologies LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes.
Notwithstanding the provisions of the modification-related provisions above, if Resilient Secure Technologies LLC changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Resilient Secure Technologies LLC written notice of such rejection by mail or hand delivery to: Resilient Secure Technologies LLC USA, LLC, Attn: Dispute Resolutions, Resilient Secure Technologies LLC, P.O. Box 362, St. Peters, MO 63376, or by email from the email address associated with your Account to: support@BookSessions.com, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Resilient Secure Technologies LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to support@r-s-techs.com or Resilient Secure Technologies LLC's designated agent.
Notice.
Resilient Secure Technologies LLC may give notice by means of a general notice on the Services, electronic mail to your email address in your Account or Provider Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Resilient Secure Technologies LLC, with such notice deemed given when received by Resilient Secure Technologies LLC, at any time by first class mail or pre-paid post to Resilient Secure Technologies LLC, P.O. Box 362, St. Peters, MO 63376.
General.
You may not assign these Terms without Resilient Secure Technologies LLC's prior written approval. Resilient Secure Technologies LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Resilient Secure Technologies LLC's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Resilient Secure Technologies LLC or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Resilient Secure Technologies LLC's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Resilient Secure Technologies LLC in writing.
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