Last updated: November 10, 2020
Please click here to view our Privacy Notice, which applies to personal information processed about you in connection with the Rise program. Modifications
You may be required to create an account with Rise (“Account”) to access certain content and services on the Site. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. Rise may terminate your Account and suspend your use of the Site for any reason or no reason, without prior notice to you, including but not limited to if Rise suspects that your Account is being used in an unauthorized manner.
. Site Content
The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Rise on the Site (collectively, the “Site Content”) are the sole property of Rise or its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Rise. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, Rise does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Rise, its affiliates and their licensors.
Other Services and Features
Rise endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by email at email@example.com
or at the following mailing address:
RISE Attn: Rise Website - DMCA Complaint
555 Bryant Street #374,
Palo Alto, CA 94301
You must include the following information in your complaint:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing with respect to the Site;
your email address, mailing address and telephone number;
a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
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.
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.
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