Terms and Conditions by Maria Bargeman | 2024 |

Please read these Terms of Use carefully before using the www.mariabargeman.com website (the “Service”) operated by Resilient Trauma Recovery LLC (“Resilient Trauma Recovery”, the “Company”, “us”, “we”, or “our”).

These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how we, including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through [www.mariabargeman.com].The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.

By visiting our Site and accessing the information, resources, services, products, and tools we provide to you, you acknowledge that you are 18 years of age or older, and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy and any additional terms and conditions or policies referenced herein and/or available by hyperlink (collectively, this “Agreement”). Please review the Terms carefully. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree with any of these Terms of Use, you should not access or otherwise use our Site or Services. Resilient Trauma Recovery reserves the right to update, modify or replace these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon posting the updates and/or changes to our Site. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed acceptance of any modified Terms of Use.

Our Service

All services provided by Resilient Trauma Recovery are for general educational purposes only. Services include, but are not limited to, guidance materials, general newsletters, educational videos, and worksheets.

The content on this Site is not and should not be considered medical advice or be relied upon as a substitute for professional medical advice, diagnosis, or treatment (“medical advice”). It is for general information purposes only. Please consult a physician or other appropriate health care professional before using any of the general information that you find on the Site or before beginning any program or service offered through the Site. Not all programs and/or services are suitable for everyone.

No Medical Advice: Our programs are not a quick-fix, a cure-all, or a substitute for sound medical advice. We strongly recommend you consult with a health care professional before embarking on this journey. Nothing claimed by us in our programs, nor on any of our websites, social media channels or in any of our materials, is intended to be medical advice, nor is it any way a substitute for professional medical advice, diagnosis, or treatment. Nothing shared by us is intended as medical diagnosis, treatment or cure. Never disregard professional medical advice or delay in seeking medical advice because of something you have read or heard from us, on any of our websites, in any of our materials, or for any other reason. Whether or not you choose to obtain the consent of your medical doctor or other qualified health care provider and/or work with your physician or other qualified health care provider while using any information received from us, you still are agreeing to accept full responsibility for your own actions and inactions including those of your dependents.

Consult Often with Your Medical Doctor or Health Care Professional: Techniques and methods for trauma recovery are shared throughout this the program for educational purposes only.

No Professional Advice: Nothing we provide for you here is intended to replace any form of competent professional advice in any form. If you are in need of professional advice, including medical, physical, mental or emotional health advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular past-and-current situation and circumstances and who can provide you with the personal follow-up you may require for your ongoing health and well-being and that of your dependents.

No FDA Evaluation: As applicable, the advice shared on this site has not been evaluated by the US Food & Drug Administration (FDA) or equivalent. The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.

Acceptable Use and Prohibitions

You agree to use our Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. You also agree to not use our Site to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.

You agree that you will not, in connection with the Site, do or permit the posting, uploading, reproduction, distribution or otherwise transmission of any content that:

is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam" or is otherwise duplicative or unsolicited,

is defamatory, infringing, or unlawful, is inappropriate, profane, vulgar, obscene, pornographic, violates the rights or assists others to violate the rights of us or any third party, engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, or impersonate or falsely represent your association with any person, including a representative of us.

Accounts

Your use of this Service may require an account identifying you as a user (an “Account”). In order to register for an Account, you must be at least 18 years of age, or the age of legal majority in your jurisdiction.

When you register for an Account, you will be asked to provide certain Personal Information including, but not limited to, your name, address, phone number, age, medical history, and your payment details (“Personal Information”). You agree to keep this personal information accurate, complete, and up-to-date in your Account. Failure to do so may result in your inability to access and use the Service or our termination of our Agreement with you. Any Personal Information you provide to us will be handled in accordance with our Privacy Policy.

You acknowledge and agree that you are solely responsible for your Account and the security of your password relating to such Account and that you will not disclose it to any third parties. In addition, you will promptly advise the Company of any unauthorized use of your password. You agree to accept responsibility for all activities that occur under your Account.

Intellectual Property

All content including, without limitation, all text, design, graphics, drawings, photographs, videos, music, sound recordings, documents, software, information, code and software, data and any other work, and all organization and presentation of such content, which forms a part of this Site, are subject to intellectual property rights and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You are permitted to electronically copy and to print hard copies of pages from this Site for your own personal, non-commercial use, provided that such copies clearly display the copyright and any other proprietary notices of Resilient Trauma Recovery. No other copying, reproduction, posting, transmitting or duplicating of this Site, in whole or in part, is permitted without the express written authorization of Resilient Trauma Recovery.

Copyright & Trademark Notice: Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in the Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2024, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing or shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.

Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: h e l l o @ t r a u m a t r e a t m e n t m a p .c o m (without the spaces). The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Resilient Trauma Recovery. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Resilient Trauma Recovery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Submissions

Our Service may provide features which allow you to post messages and content to designated areas on the Site, to participate in chat groups, to interact with Resilient Trauma Recovery and other users and to upload files, documents, or other materials (“Submission(s)”). You agree to not provide content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove content, at its sole discretion and at any time and for any reason, without notice to you.

Privacy

We respect the privacy of visitors to our Site and in their use of our Service. All information provided by you or collected by us in connection with your use of this Site or our Service, including your Personal Information, will be collected, used and disclosed pursuant to the terms of our Privacy Policy. You acknowledge that you have read our Privacy Policy, as it may be updated from time to time, and hereby consent to the collection, use and disclosure by us of your Personal Information (whether previously collected or to be collected) for the purposes identified therein.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESILIENT TRAUMA RECOVERY AND ITS DIRECTORS, OFFICERS AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE COMPANY AND ITS DIRECTORS, OFFICERS AND EMPLOYEES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (D) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (E) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS DIRECTORS, OFFICERS AND EMPLOYEES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

THE USE OF OUR SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF OUR SITE. IN NO EVENT WILL WE, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, OUR SITE OR THE CONTENT OR MATERIAL OR FUNCTIONALITY THROUGH OUR SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Other Terms & Conditions

All of the provisions of our Privacy Policy are incorporated by reference into these terms and conditions. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our programs, posts or pages is also agreeing to these terms and conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by clicking the link or button provided in the footer of any of our emails. We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These terms and conditions, and any other legal documents or agreements we have entered into with you, will supersede any previous terms and conditions you may have copies of in any form, regardless of whether we or you have signed them or not. We reserve the right to make changes to this site and these terms and conditions at any time.

Indemnification 

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, affiliates, agents, contractors, and employees from against any and all property damages, personal injuries or death, and any other losses, liabilities, claims, cost, expenses (including legal fees) or damage, including, without limitation court costs and legal fees in any way arising from use or misuse by you, whether intentional or negligent, related to or in connection with your use of our site, your violation of the terms, or the posting or transmission of any materials on or through the Site or of the Company’s offerings, content and information including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States of America without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

Severability and Interpretation

Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.

Survival

All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.

Arbitration & Relief in Equity

All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration conducted in the English language, under the applicable JAMS arbitration rules, before a single arbitrator, and located in the State of Delaware, United States of America or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates, by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.

Returns and Refunds

Refunds and Returns: Except as otherwise agreed by the parties in writing, the Company’s refund and/or return policy for the products and/or services it provides to you is as set forth in this Section  titled ‘Returns and Refunds’. The Company may provide a different refund/return policy in its marketing materials for each of its products and/or services that it sells and/or provides to you, including that no refund or return may be available for a certain Company product or service, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: h e l l o @ t r a u m a t r e a t m e n t m a p .c o m (without the spaces) including the word “refund” or “return”, as applicable, in the subject line of your email. Prior to issuing or processing any form of refund and/or return that may be available, at the Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms and Conditions and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return.  Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether or not Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these terms and conditions, use or misuse of our materials or content, or other performance of services hereunder. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these terms and conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section titled ‘Returns and Refunds’.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Policy for our Giveaways

• No purchase(s) necessary to win. • Unless stated otherwise or delivery is electronic, giveaways are for U.S. residents only.• Entrants must be natural persons of the age of majority in their primary country of residence, or in their other political subdivision of residence, as applicable. • Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person or persons to respond to our free call to action.• Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam, or the like. • Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion. • We may, at our discretion, make public on our site the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed. • A winner’s tax considerations and any tax or tax-related obligations are entirely their own. Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes.• We reserve the right to end, extend, or change a giveaway for any reason and without prior notice. • We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.• In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.• Odds of winning in one of our giveaways depend on number of entrants. • Void where prohibited by law.

Entire Agreement

This Agreement is the entire legal agreement between you and Resilient Trauma Recovery. It governs your use of the Service and replaces any prior agreements between you and the Company with respect to the Service.

Counterparts 

This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.

Headings and Interpretation

Headings and Interpretation: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement. The parties agree that no provision of this agreement shall be interpreted against the drafting party because of its being the drafter of it.

Contact Us If you have any questions about these Terms, please contact us at the following email address: h e l l o @ t r a u m a t r e a t m e n t m a p .c o m (without the spaces).