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Terms and Conditions of Use

1. Scope and Purpose

These terms and conditions (as amended from time-to-time, these “Terms”) govern your use of this website and any and all programs, systems, materials, and content owned and licensed by Resolute, Inc. (“we” or “us”) posted on or available either directly through this website or through other platforms (collectively, “Services”).  By using any of our Services, you agree to, accept and will be bound by these Terms. We reserve the right to modify these Terms at any time and from time-to-time.  You are deemed to agree to all such changes made prior to each use of our Services, so you must check for changes each time you propose to use our Services.  If at any time you do not accept any part of these Terms, then you are prohibited from using the Services.  In our discretion, a breach or violation of any of these Terms may result in an immediate termination of your access to the Services. We reserve the right at any time to modify, update, or discontinue the Services (or any part or content thereof). You agree that we shall not be liable to you or to any third party for any modification, update, or discontinuance of the Service.

Please note that all statements and expressions within the Services are opinion and are subject to change without notice.  We are not liable for any investment decisions by users of the Services.  It is strongly recommended that any purchase or sale decision be discussed with a financial advisor, a broker-dealer, or a member of any financial regulatory bodies.  The information contained herein has been provided as an information service only. As discussed further in Section 4, below, the accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained. Investors are cautioned that they may lose all or a portion of their investment in this or any other company.

Some information contained within the Services contains “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities and Exchange Act of 1934, as amended. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be “forward looking statements”. Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or by statements indicating certain actions “may”, “could”, “should” or “might” occur.

2. Rights to Intellectual Property

All work product comprising or featured in the Services is protected by copyright and intellectual property laws, is and will continue to be our exclusive property. You may only use the Services to the extent licensed by us, you may not otherwise use, copy, reverse engineer, reproduce or sublicense the use or reproduction of the Services or any component thereof in whole or in part, including, without limitation, by posting it on your personal website, blog, social network, or any other online, electronic or printed resource. Subject only to the provisions of our Privacy Policy set out below, any and all content (including User-Generated Content as defined below) submitted to us by any means shall become our the property upon submission and we reserve the right to alter, remove, re-post, re-purpose, distribute, market, or trade any such content.

3. User-Generated Content

For the purposes of this condition, the term “User-Generated Content” means any information, material or content in any medium including, without limitation, any text, photograph, graphic, video, audio, correspondence, or any other type of media or content, uploaded, posted, emailed, submitted, or otherwise communicated to us via any method. By sharing any User-Generated Content with us, you represent and warrant that the User-Generated Content is your own original work, is not defamatory and does not infringe upon any applicable laws. And, you hereby grant us a perpetual, royalty-free license to use the User-Generated Content in any way we deem fit including, without limitation, the modification, reproduction, repurposing, or deletion of it.

4. Content (Quality, Accuracy and Use)

Users who rely on and use any information, materials or content in the Services do so at their own risk. The Services are provided “as is”, without any condition, representation or warranty of any kind, either express or implied, including, but not limited to, any statutory or common law condition, representation or warranty of merchantability, durability or fitness for a particular purpose that might otherwise be implied. The Services will not always be up to date, cannot necessarily be relied upon, and may not be used as a substitute for professional advice or verified information, as circumstances will vary from person to person. The Services’ content is not intended to be nor does it constitute actionable advice of any kind. Transmission of this information is not intended to create a professional-client relationship between you and us. As a condition of using the Services, you hereby unconditionally and irrevocably waive and release any and all claims, past, present, and future, that you may have against us or any of our directors, officers, employees, contractors, or contributors.

5. Restrictions on Who Can Use the Platform

If you have not attained the age of 16, then you are not authorized to use the Services.

6. Limiting Liability for Links to Other Websites

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views or content expressed within those sites. Nor do we make any representations about the accuracy, quality, or suitability of such other websites for any purpose. We encourage you to read the terms of use and privacy policy of each website that you visit.

7. The Actions and Opinions of Users

You must not use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.  You must not alter, remove, or obscure any intellectual property notice or any content that you have not originally created. Some content found in the Services may be created by members of the public. The views expressed are theirs and, unless specifically stated, are not ours. We accept no responsibility for any loss or harm incurred from the use of the Services or any of its content.

8. Availability and Prohibited Uses

We make no representation, warranty, or claim that functions intended to be available on the Services will be uninterrupted or error free, that defects will be corrected, nor that the hardware that hosts or provides, nor the Services’ content is or will be free of computer viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks (including anti-virus screening and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content in our Services. You also agree not to transmit any malicious or destructive code, such as viruses or other malware, through the Services or in any way in connection with your use of the Services.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic; (b)  to submit false or misleading information; (c) to collect or track the personal information of others; (d)  to spam, phish, pharm, pretext, spider, crawl, or scrape; (e)  for any obscene or immoral purpose; or (f) in any manner intended to interfere with or circumvent the security features of the Services, other websites, or other services or devices on the Internet.

By using the Services, you represent and warrant that you are not: (a) 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) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.

9. Legal Jurisdiction

The laws of the United States and the State of Washington shall govern your use of the Services. You hereby agree that any dispute regarding your use of the Services shall be decided by a state or federal court within King County, Washington that are competent to exercise subject matter jurisdiction over such dispute. You consent to the personal jurisdiction of any such tribunal and waive any objection to such venue, including any objection on the basis of forum non conveniens.   In no event shall the United Nations Convention on Contracts for the International Sale of Goods apply to these Terms of Service or any dispute between us.

10. Waiver of Liability and Indemnification

In no case shall we (including our directors, officers, employees, affiliates, agents, contractors, contributors, interns, suppliers, service providers, and licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Service. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. Moreover, you agree that all use of the Services shall be at your own risk. We shall have no liability for (1) any injury, loss, or claim for any interruption, suspension, or disruption of the Service; (2) any errors or inaccuracies in the content available from the Service; (3) personal injury or property damages resulting from your use of the Services or the data contained therein; or (4) malware which may be transmitted using the Services by a third party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

You must commence any legal proceeding advancing a cause of action or claim arising out of or relating to these Terms of Service within one year after the cause of action accrues; otherwise, you agree that such cause of action or claim shall be permanently barred.

You agree to indemnify, defend, and hold us harmless, along with our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, contributors, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.

Though we make a reasonable effort to maintain the Services’ Content, it will, from time-to-time, become out-of-date, be incorrect, erroneous, or otherwise inappropriate and you agree not to follow any instruction, suggestion, step, list, tutorial, or other content in the Services without first appropriately consulting with a licensed professional.

11. Privacy Policy

We process personal information in connection with the Services. By using the Services, you acknowledge that you have been provided with our Privacy Policy, which describes how we process personal information and provides you information about how you may exercise the legal rights you have associated with your personal information.