User Material
The Site may allow users of the Site (“Users”) to submit and post content, including but not limited to comments, ideas, photos and other information (collectively, “User Material”). While Rise may not review or monitor submissions of User Material, Rise reserves the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms of Use or is otherwise objectionable, as determined by Rise in its sole discretion. Rise assumes no liability in connection with your use of any User Material published on the Site, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.
You grant to Rise a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicenseable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Site in any media. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Rise, and to authorize Rise to use such User Material in the manner contemplated by these Terms of Use. You acknowledge that Rise has no obligation to keep any User Material you submit to the Site confidential.
Acceptable Use Policy
You agree that you will not post or submit any User Material or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) attempts to or disguises the origin of any User Material posted to the Site; (7) implies Rise’s endorsement of your content; (8) restricts or interferes with any other User’s ability to use or enjoy the Site, as determined by Rise in its sole discretion; (9) tampers with postings, registration information, submissions or content of other users; (10) uses any robot, spider, scraper or other automated means or interface not provided by Rise to access the Site; (11) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (12) infringes or alleges to be infringing upon a third-party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (13) violates contractual or fiduciary relationships; or (14) violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by Rise. Rise reserves the right to suspend or terminate your access to the Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.
Warranty Disclaimer
THE SITE, THE REFERRAL PROGRAMS, AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SITE OR REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED,THE SITE WILL BE FREE OF ANY MALWARE OR OTHER HARMFUL CODE, OR THE CONTENT OR RESULTS OBTAINED FROM THE SITE OR FROM THE REFERRAL PROGRAM WILL BE ACCURATE, COMPLETE, OR RELIABLE,
RISE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND, ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RISE OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PARTICIPATION IN OUR REFERRAL PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, RISE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
Indemnity
You agree to indemnify, defend and hold harmless Rise and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorneys’ fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; (2) your participation in the Referral Program; (3) your breach of these Terms of Use; or (4) any User Materials submitted by you to the Site. Rise reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
Governing Law
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law.
Binding Arbitration and Class Action Waiver
To the fullest extent permitted by law, you and Rise agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Site or participation in the Referral Program, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions.
EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND RISE EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PARTICIPATION IN THE REFERRAL PROGRAM. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Rise to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and Rise otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then-current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at
www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH RISE THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to 555 Bryant Street #374, Palo Alto, CA 94301. The opt-out notice must state that you do not agree to this arbitration provision and must include your name, address, phone number and email address. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.
General
To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and Rise relating to the subject matter herein.
Electronic Communications.
These Terms of Use and any other documentation, agreements, notices, or communications between you and Rise may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
How To Contact Us
If you have any questions about these Terms of Use, please contact
terms@risefortheworld.org