Terms of service

These Terms were last updated March 27, 2026.


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICES AS FURTHER DEFINED AND DESCRIBED BELOW. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE OUR SERVICES, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.


Be Resilient Health, LLC, with its corporate headquarters at 10215 Technology Dr Ste 102 Knoxville, TN 37932 (“Be Resilient”, “we”, “our”, or “us”) operates a website at redeemfm.com  and an online portal available on such website (collectively, the “Services”). These Terms and Conditions of Use, together with any other applicable agreements or other documents as may be expressly incorporated by reference (collectively, “Terms”), govern your access and use of our Services, including any content, functionality, and services as may be offered through our Services as a visitor or registered user (“User”, “You”, “you”, or “your”). Our handling of any information collected or provided through use of our Services is governed by our [Privacy Policy] and [Consumer Health Data Privacy Policy]. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policies. If you are unwilling to accept the terms and conditions of our Privacy Policies, please do not use our Services.


Our Services are controlled and operated from the United States and are subject to United States law. By accessing and using our Services, User represents and warrants that: (a) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) User is not listed on any U.S. Government list of prohibited or restricted parties.


DO NOT USE THE SERVICES FOR EMERGENCY OR URGENT MEDICAL MATTERS. FOR ALL URGENT OR EMERGENCY MATTERS THAT USER BELIEVES MAY IMMEDIATELY AFFECT USER’S HEALTH, USER MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.


PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS GOVERN USER’S USE OF THE SERVICES, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SERVICES OR BE RESILIENT TERMINATES USER’S RIGHT TO USE THE SERVICES. USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS AND USE THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE SERVICES.


THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES YOU AND BE RESILIENT TO RESOLVE ANY DISPUTE RELATED TO THE SERVICES THROUGH FINAL, BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE REVIEW THE “DISPUTES; GOVERNING LAW AND JURISDICTION” SECTION (SECTION 11) CAREFULLY BEFORE USING THE SERVICES.


Be Resilient reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Services means that User agrees to any new or modified provisions of these Terms posted on the Services.


  1. No Medical Advice


  1. Be Resilient does not provide, and the Services are not intended to constitute medical advice or the practice of medicine. You should not rely on the Services or other information therein in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice, and we strongly urge that you consult with a licensed practitioner in connection with all treatment options that may be available to you. You expressly acknowledge and agree that Be Resilient is not responsible for the results of any treatment or medical decisions made based on your use of the Services.


  1. THE CONTENT IN THE SERVICES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES.


  1. Account Enrollment, Eligibility and Security


  1. To the extent required for use, User may be required to first set up an account by registering through the Services (an “Account”). Upon acceptance of these Terms, completion of the registration process, and subject to the terms and conditions of these Terms, Be Resilient hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Services for User’s personal use.


  1. In connection with registration of its Account, if applicable, User may be required to provide a valid email account, your name, mailing address, phone number, and date of birth, and will also be required to create a password to securely access certain Services. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Services. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User must immediately notify Be Resilient in writing of any need to deactivate User’s Account due to potential or actual security concerns. Be Resilient will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Services under User’s login credentials. Be Resilient may contact you by telephone, mail, or email to verify your account information. 


  1. To the extent that User provides any information, including but not limited to personal information, to Be Resilient or its representatives, User warrants that (1) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by Be Resilient and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.


  1. Be Resilient will employ the use of third-party services for the purpose of facilitating our Services. By submitting User’s information, User grants Be Resilient the right to provide the information to these third parties subject to Be Resilient’s [Privacy Policy] and [Consumer Health Data Privacy Policy]. Be Resilient reserves the right to refuse or cancel User’s access to the Services at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in User’s order, error in User’s information, or other reasons. Be Resilient reserves the right to refuse or cancel User’s access to the Services if fraud or an unauthorized or illegal transaction is suspected.


  1. Be Resilient will use commercially reasonable efforts to provide access to the Services 24 hours a day, 7 days a week, except in the case of limited necessary maintenance periods, natural disasters, or events beyond Be Resilient’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Services. Be Resilient will not be liable for any failures or deficiencies in the performance of the Services by reason of maintenance, breakdown, or any event beyond Be Resilient’s control, including without limitation natural disasters, internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.


  1. User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Be Resilient shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Be Resilient shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.


  1. User’s rights under these Terms will terminate automatically without notice from Be Resilient if User fails to comply with these Terms, or Be Resilient terminates User’s access. Upon termination, User shall immediately cease all use of the Services. Be Resilient reserves the right to terminate User’s access to any or all aspects of the Services or to discontinue any aspect of the Services at any time for any reason whatsoever without notice to User. In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the website and the services. We recommend that you do not access your account or the Services from a public computer. BR recommends that you do not store your account password through your web browser or other software.


  1. Limitations on Use 


You agree that you will not use the Services in any unlawful way and/or for any unlawful purpose. User may only use the Services for lawful purposes. User agrees that User will not:


  1. post or transmit a message under a false name, or use the network resources of any of the platforms used by your coach, (by way of example only, practicebetter.io, Skype, G-suite’s, Google Drive, Google “Meet”, Zoom, telephone, FaceTime, WhatsApp, Facebook, Chat, or any other communication platform or communication rail) to impersonate another person or misrepresent authorization to act on behalf of others;

  2. alter the attribution of origin in electronic mail messages or postings; 

  3. allow another person or entity to use your account, username or password to access or use the Services. 

  4. attempt to undermine the security or integrity of computing systems or networks of Be Resilient, its partners, or those accessed through or with their product, or attempt to gain unauthorized access; 

  5. post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Services;

  6. tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Services;

  7. collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Services without their express consent;

  8. use any meta tags or any other hidden text utilizing the Be Resilient name, service marks, trademarks, or product or service names;

  9. advertise, offer to sell, or sell any goods or services set forth in the Services or otherwise use the Services to solicit other users, except as expressly permitted by Be Resilient;

  10. use any robots, scripts, deep-link, page-scrape, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;

  11. attempt to or reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Services;

  12.  engage in any activity that interferes with any third party’s ability to use or enjoy the Services; 

  13. probe, scan, or test the vulnerability of the Services or any network connected thereto, or breach the security or authentication measures on the Services or any network connected thereto;

  14. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Be Resilient’s systems or networks, or any systems or networks connected thereto; or 

  15. assist any third party in engaging in any activity prohibited by these Terms.


  1. Intellectual Property


  1. Be Resilient retains all right, title and interest in and to the Services, and all intellectual property, trademarks, service marks, information, data, software and other materials made available to User in connection with these Terms, together with the design of the Services, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”). The Content is the sole and exclusive property of Be Resilient and its licensors, and are available to User solely for purposes of User’s use of and access to the Services in accordance with these Terms. The Content is owned by or licensed to Be Resilient and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.


  1. By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Be Resilient with respect to our Services or services as may be offered by Be Resilient (collectively, “Feedback”); you agree that such Feedback shall be deemed, and shall remain, Be Resilient’s property. You hereby irrevocably assign such Feedback to us. Feedback shall not be subject to any obligation of confidentiality on Be Resilient’s part and Be Resilient shall not be liable for any use or disclosure of any Feedback. Be Resilient shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.


  1. Legal Notices and Disclaimers


YOU ACKNOWLEDGE THAT YOUR USE OF THE BE RESILIENT SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, CONTENT OR SERVICES CONTAINED ON OR PROVIDED THROUGH THESE SERVICES AND ASSOCIATED WEBSITES AND PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW BE RESILIENT AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY,“AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, BE RESILIENT AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SERVICES OR CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF BE RESILIENT’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER BE RESILIENT NOR ANY OF ITS SUPPLIERS WARRANT THAT (1) THE SERVICES OR CONTENT WILL MEET USER’S REQUIREMENTS, (2) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THE SERVICES OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED. BE RESILIENT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON VITAMINS, SUPPLEMENTS, AMINO ACIDS OR ANY OTHER NUTRITIONAL PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF SUPPLEMENTS OR NUTRITIONAL PRODUCTS BASED ON INFORMATION.


Furthermore, coaching is not a substitute for your primary care provider, medical doctor, or oncologists. You agree to contact your primary care provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that Be Resilient does not provide medical advice, diagnosis, or treatment, but strictly provides coaching.


Be Resilient does not recommend or endorse any specific drugs, tests, physicians, providers, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Services. User is responsible for verifying the accuracy of any information User sends or receives through the Services, User’s information, data, or records. 


Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.


  1. Artificial Intelligence


Be Resilient may now or in the future incorporate artificial intelligence into the Services such that they may generate or analyze content through the use of artificial intelligence enabled or enhanced technologies, including without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable. Results, analyses, or summaries generated by such Be Resilient Services may be derived from the reports, images, records, content, and other material that has been furnished by you.


Artificial intelligence enabled or enhanced mechanisms remain subject to ongoing evolution and refinement. Be Resilient remains committed to constantly improving our Services to increase accuracy, reliability, and safety. Artificial intelligence technologies and functionalities remain dynamic in nature, as such, use of Be Resilient Services that include such technologies may provide results or analyses to you that do not accurately reflect details concerning applicable people, places, or facts. Your reliance upon any information obtained or used by you from our Services is solely at your own risk. Be Resilient is not responsible for the accuracy of any information or content provided to or sent by you. You are responsible for verifying the accuracy of any information, data, or records that you send or receive through our Services.


When you use artificial intelligence enabled or enhanced Be Resilient Services, you acknowledge and agree that:

  • Any results, outputs, or analyses from such Be Resilient Services may not always be 100% accurate. You should not rely on any such results, outputs, or analyses as a source of truth or 100% factual information, or as a substitute for professional advice or your own judgment. 

  • You must evaluate results, outputs, and analyses for accuracy, appropriateness, and relevancy before using or sharing any results, outputs, and/or analyses that may derive from artificial intelligence enhanced or enabled Be Resilient Services.


BE RESILIENT EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY ARTIFICIAL INTELLIGENCE ENABLED OR ENHANCED BE RESILIENT SERVICES OR THE CONTENTS OF THE RESULTS, OUTPUTS, OR ANALYSES PREPARED IN CONNECTION THEREWITH. BE RESILIENT IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS, OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH ARTIFICIAL INTELLIGENCE ENHANCED OR ENABLED BE RESILIENT SERVICES.


  1. Communications


We may use emails, telephone calls, or text messages to communicate with you on a recurring basis. By providing your telephone number to Be Resilient, you consent to receive informational and marketing text messages from or on behalf of us and/or our partners and suppliers in accordance with the Mobile Terms. User may opt-out at any time by replying STOP to the text message received or by calling us at the phone number listed in the Mobile Terms which are hereby incorporated into these Terms. You understand that text messages and emails have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. For additional information on our data collection and use, please read our Privacy Policy. If you do not receive a response to an e-mail message within 24-48 hours, you agree to use another means of communication to contact the functional nutrition/terrain expert.


  1. Indemnification

 

User agrees to defend, indemnify, and hold Be Resilient, its Affiliates, licensors, and service providers and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from or related to User’s use of the Services, and User covenants not to sue Be Resilient for any injuries to User or User’s property arising out of or related to User’s use of the Services.


  1. Limitation of Liability

 

EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION: IN NO EVENT SHALL BE RESILIENT OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH A) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BE RESILIENT IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND BE RESILIENT, OR ONE OF ITS AFFILIATES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO BE RESILIENT (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.


IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.


Any claim or cause of action arising out of or related to User’s use of the Services, these Terms, or User’s use of Content made available through or on the Services must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.


  1.  Linked Sites


The Services also may contain links to the websites of Be Resilient partners, advertisers, or unrelated third-party companies (“Linked Sites”). Be Resilient does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. Be Resilient does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that Be Resilient has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Be Resilient accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that Be Resilient shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy policy maintained by that Linked Site or should contact the applicable party or their website administrator.


  1. Disputes; Governing Law and Jurisdiction


  1. You agree that any dispute arising out of or relating in any way to your use of the Services requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Services or Content and any intellectual property rights therein, Be Resilient may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Tennessee, U.S.A., in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.


BECAUSE THE USE OF THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.


  1. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Knox County, Tennessee, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Tennessee.


  1. These Terms shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Knox County, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.


  1. Miscellaneous


Be Resilient may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Be Resilient, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Be Resilient’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Be Resilient, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Be Resilient.


  1. Contact Information


If User has any questions about these Terms, Be Resilient’s practices, or User’s dealings with the Services, please contact us at:


Email: hello@redeemfm.com

Mailing Address:

Be Resilient, LLC

10215 Technology Dr., Suite 102, 

Knoxville, TN, 37932


49717903.5

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICES AS FURTHER DEFINED AND DESCRIBED BELOW. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE OUR SERVICES, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.


Be Resilient Health, LLC, with its corporate headquarters at 10215 Technology Dr Ste 102 Knoxville, TN 37932 (“Be Resilient”, “we”, “our”, or “us”) operates a website at redeemfm.com  and an online portal available on such website (collectively, the “Services”). These Terms and Conditions of Use, together with any other applicable agreements or other documents as may be expressly incorporated by reference (collectively, “Terms”), govern your access and use of our Services, including any content, functionality, and services as may be offered through our Services as a visitor or registered user (“User”, “You”, “you”, or “your”). Our handling of any information collected or provided through use of our Services is governed by our [Privacy Policies]. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policies. If you are unwilling to accept the terms and conditions of our Privacy Policies, please do not use our Services.


Our Services are controlled and operated from the United States and are subject to United States law. By accessing and using our Services, User represents and warrants that: (a) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) User is not listed on any U.S. Government list of prohibited or restricted parties.


DO NOT USE THE SERVICES FOR EMERGENCY OR URGENT MEDICAL MATTERS. FOR ALL URGENT OR EMERGENCY MATTERS THAT USER BELIEVES MAY IMMEDIATELY AFFECT USER’S HEALTH, USER MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.


PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS GOVERN USER’S USE OF THE SERVICES, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SERVICES OR BE RESILIENT TERMINATES USER’S RIGHT TO USE THE SERVICES. USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS AND USE THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE SERVICES.


THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES YOU AND BE RESILIENT TO RESOLVE ANY DISPUTE RELATED TO THE SERVICES THROUGH FINAL, BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE REVIEW THE “DISPUTES; GOVERNING LAW AND JURISDICTION” SECTION (SECTION 11) CAREFULLY BEFORE USING THE SERVICES.


Be Resilient reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Services means that User agrees to any new or modified provisions of these Terms posted on the Services.


  1. No Medical Advice


  1. Be Resilient does not provide, and the Services are not intended to constitute medical advice or the practice of medicine. You should not rely on the Services or other information therein in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice, and we strongly urge that you consult with a licensed practitioner in connection with all treatment options that may be available to you. You expressly acknowledge and agree that Be Resilient is not responsible for the results of any treatment or medical decisions made based on your use of the Services.


  1. THE CONTENT IN THE SERVICES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES.


  1. Account Enrollment, Eligibility and Security


  1. To the extent required for use, User may be required to first set up an account by registering through the Services (an “Account”). Upon acceptance of these Terms, completion of the registration process, and subject to the terms and conditions of these Terms, Be Resilient hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Services for User’s personal use.


  1. In connection with registration of its Account, if applicable, User may be required to provide a valid email account, your name, mailing address, phone number, and date of birth, and will also be required to create a password to securely access certain Services. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Services. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User must immediately notify Be Resilient in writing of any need to deactivate User’s Account due to potential or actual security concerns. Be Resilient will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Services under User’s login credentials. Be Resilient may contact you by telephone, mail, or email to verify your account information. 


  1. To the extent that User provides any information, including but not limited to personal information, to Be Resilient or its representatives, User warrants that (1) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by Be Resilient and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.


  1. Be Resilient will employ the use of third-party services for the purpose of facilitating our Services. By submitting User’s information, User grants Be Resilient the right to provide the information to these third parties subject to Be Resilient’s [Privacy Policies]. Be Resilient reserves the right to refuse or cancel User’s access to the Services at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in User’s order, error in User’s information, or other reasons. Be Resilient reserves the right to refuse or cancel User’s access to the Services if fraud or an unauthorized or illegal transaction is suspected.


  1. Be Resilient will use commercially reasonable efforts to provide access to the Services 24 hours a day, 7 days a week, except in the case of limited necessary maintenance periods, natural disasters, or events beyond Be Resilient’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Services. Be Resilient will not be liable for any failures or deficiencies in the performance of the Services by reason of maintenance, breakdown, or any event beyond Be Resilient’s control, including without limitation natural disasters, internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.


  1. User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Be Resilient shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Be Resilient shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.


  1. User’s rights under these Terms will terminate automatically without notice from Be Resilient if User fails to comply with these Terms, or Be Resilient terminates User’s access. Upon termination, User shall immediately cease all use of the Services. Be Resilient reserves the right to terminate User’s access to any or all aspects of the Services or to discontinue any aspect of the Services at any time for any reason whatsoever without notice to User. In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the website and the services. We recommend that you do not access your account or the Services from a public computer. BR recommends that you do not store your account password through your web browser or other software.


  1. Limitations on Use 


You agree that you will not use the Services in any unlawful way and/or for any unlawful purpose. User may only use the Services for lawful purposes. User agrees that User will not:


  1. post or transmit a message under a false name, or use the network resources of any of the platforms used by your coach, (by way of example only, practicebetter.io, Skype, G-suite’s, Google Drive, Google “Meet”, Zoom, telephone, FaceTime, WhatsApp, Facebook, Chat, or any other communication platform or communication rail) to impersonate another person or misrepresent authorization to act on behalf of others;

  2. alter the attribution of origin in electronic mail messages or postings; 

  3. allow another person or entity to use your account, username or password to access or use the Services. 

  4. attempt to undermine the security or integrity of computing systems or networks of Be Resilient, its partners, or those accessed through or with their product, or attempt to gain unauthorized access; 

  5. post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Services;

  6. tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Services;

  7. collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Services without their express consent;

  8. use any meta tags or any other hidden text utilizing the Be Resilient name, service marks, trademarks, or product or service names;

  9. advertise, offer to sell, or sell any goods or services set forth in the Services or otherwise use the Services to solicit other users, except as expressly permitted by Be Resilient;

  10. use any robots, scripts, deep-link, page-scrape, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;

  11. attempt to or reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Services;

  12.  engage in any activity that interferes with any third party’s ability to use or enjoy the Services; 

  13. probe, scan, or test the vulnerability of the Services or any network connected thereto, or breach the security or authentication measures on the Services or any network connected thereto;

  14. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Be Resilient’s systems or networks, or any systems or networks connected thereto; or 

  15. assist any third party in engaging in any activity prohibited by these Terms.


  1. Intellectual Property


  1. Be Resilient retains all right, title and interest in and to the Services, and all intellectual property, trademarks, service marks, information, data, software and other materials made available to User in connection with these Terms, together with the design of the Services, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”). The Content is the sole and exclusive property of Be Resilient and its licensors, and are available to User solely for purposes of User’s use of and access to the Services in accordance with these Terms. The Content is owned by or licensed to Be Resilient and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.


  1. By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Be Resilient with respect to our Services or services as may be offered by Be Resilient (collectively, “Feedback”); you agree that such Feedback shall be deemed, and shall remain, Be Resilient’s property. You hereby irrevocably assign such Feedback to us. Feedback shall not be subject to any obligation of confidentiality on Be Resilient’s part and Be Resilient shall not be liable for any use or disclosure of any Feedback. Be Resilient shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.


  1. Legal Notices and Disclaimers


YOU ACKNOWLEDGE THAT YOUR USE OF THE BE RESILIENT SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, CONTENT OR SERVICES CONTAINED ON OR PROVIDED THROUGH THESE SERVICES AND ASSOCIATED WEBSITES AND PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW BE RESILIENT AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY,“AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, BE RESILIENT AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SERVICES OR CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF BE RESILIENT’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER BE RESILIENT NOR ANY OF ITS SUPPLIERS WARRANT THAT (1) THE SERVICES OR CONTENT WILL MEET USER’S REQUIREMENTS, (2) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THE SERVICES OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED. BE RESILIENT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON VITAMINS, SUPPLEMENTS, AMINO ACIDS OR ANY OTHER NUTRITIONAL PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF SUPPLEMENTS OR NUTRITIONAL PRODUCTS BASED ON INFORMATION.


Furthermore, coaching is not a substitute for your primary care provider, medical doctor, or oncologists. You agree to contact your primary care provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that Be Resilient does not provide medical advice, diagnosis, or treatment, but strictly provides coaching.


Be Resilient does not recommend or endorse any specific drugs, tests, physicians, providers, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Services. User is responsible for verifying the accuracy of any information User sends or receives through the Services, User’s information, data, or records. 


Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.


  1. Artificial Intelligence


Be Resilient may now or in the future incorporate artificial intelligence into the Services such that they may generate or analyze content through the use of artificial intelligence enabled or enhanced technologies, including without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable. Results, analyses, or summaries generated by such Be Resilient Services may be derived from the reports, images, records, content, and other material that has been furnished by you.


Artificial intelligence enabled or enhanced mechanisms remain subject to ongoing evolution and refinement. Be Resilient remains committed to constantly improving our Services to increase accuracy, reliability, and safety. Artificial intelligence technologies and functionalities remain dynamic in nature, as such, use of Be Resilient Services that include such technologies may provide results or analyses to you that do not accurately reflect details concerning applicable people, places, or facts. Your reliance upon any information obtained or used by you from our Services is solely at your own risk. Be Resilient is not responsible for the accuracy of any information or content provided to or sent by you. You are responsible for verifying the accuracy of any information, data, or records that you send or receive through our Services.


When you use artificial intelligence enabled or enhanced Be Resilient Services, you acknowledge and agree that:

  • Any results, outputs, or analyses from such Be Resilient Services may not always be 100% accurate. You should not rely on any such results, outputs, or analyses as a source of truth or 100% factual information, or as a substitute for professional advice or your own judgment. 

  • You must evaluate results, outputs, and analyses for accuracy, appropriateness, and relevancy before using or sharing any results, outputs, and/or analyses that may derive from artificial intelligence enhanced or enabled Be Resilient Services.


BE RESILIENT EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY ARTIFICIAL INTELLIGENCE ENABLED OR ENHANCED BE RESILIENT SERVICES OR THE CONTENTS OF THE RESULTS, OUTPUTS, OR ANALYSES PREPARED IN CONNECTION THEREWITH. BE RESILIENT IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS, OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH ARTIFICIAL INTELLIGENCE ENHANCED OR ENABLED BE RESILIENT SERVICES.


  1. Communications


We may use emails, telephone calls, or text messages to communicate with you on a recurring basis. By providing your telephone number to Be Resilient, you consent to receive informational and marketing text messages from or on behalf of us and/or our partners and suppliers in accordance with the Mobile Terms. User may opt-out at any time by replying STOP to the text message received or by calling us at the phone number listed in the Mobile Terms which are hereby incorporated into these Terms. You understand that text messages and emails have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. For additional information on our data collection and use, please read our Privacy Policy. If you do not receive a response to an e-mail message within 24-48 hours, you agree to use another means of communication to contact the functional nutrition/terrain expert.


  1. Indemnification

 

User agrees to defend, indemnify, and hold Be Resilient, its Affiliates, licensors, and service providers and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from or related to User’s use of the Services, and User covenants not to sue Be Resilient for any injuries to User or User’s property arising out of or related to User’s use of the Services.


  1. Limitation of Liability

 

EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION: IN NO EVENT SHALL BE RESILIENT OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH A) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BE RESILIENT IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND BE RESILIENT, OR ONE OF ITS AFFILIATES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO BE RESILIENT (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.


IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.


Any claim or cause of action arising out of or related to User’s use of the Services, these Terms, or User’s use of Content made available through or on the Services must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.


  1.  Linked Sites


The Services also may contain links to the websites of Be Resilient partners, advertisers, or unrelated third-party companies (“Linked Sites”). Be Resilient does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. Be Resilient does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that Be Resilient has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Be Resilient accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that Be Resilient shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy policy maintained by that Linked Site or should contact the applicable party or their website administrator.


  1. Disputes; Governing Law and Jurisdiction


  1. You agree that any dispute arising out of or relating in any way to your use of the Services requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Services or Content and any intellectual property rights therein, Be Resilient may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Tennessee, U.S.A., in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.


BECAUSE THE USE OF THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.


  1. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Knox County, Tennessee, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Tennessee.


  1. These Terms shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Knox County, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.


  1. Miscellaneous


Be Resilient may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Be Resilient, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Be Resilient’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Be Resilient, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Be Resilient.


  1. Contact Information


If User has any questions about these Terms, Be Resilient’s practices, or User’s dealings with the Services, please contact us at:


Email: hello@redeemfm.com

Mailing Address:

Be Resilient, LLC

10215 Technology Dr., Suite 102, 

Knoxville, TN, 37932


49717903.5