Terms and Conditions Of Use Of Website and Services
Please read these Terms and Conditions carefully before
using our services or our Risepage.com website (including, but not limited to,
other “internal” websites stemming from it, such as specific membership sites
or webpages pertinent to the main website or weblog), or any mobile
applications associated with Risepage.
Your access to and use of the
Service is conditioned on your acceptance of and compliance with these terms
and conditions. These terms and conditions apply to all visitors, users and
others who access or use the website and services. Please do not use our website or services if
you disagree with our terms and conditions or if you do not understand our
terms and conditions. We may modify or change these terms and conditions
without notice to you. Any changes or
modifications to these terms and conditions will be considered effective
immediately upon publication. Any
continued use of the website or services shall be considered acceptance of the
changed or modified terms and conditions.
Any other policies, notices, or other legal/administrative pages
contained in our website are necessarily incorporated into these terms and
conditions. This may include, without limitation, Privacy Policies, Anti-Spam
Policies, Disclaimers, Copyright Notices, and any such DMCA Policy and FTC.
- Compliance Policy.
You agree to comply with all
applicable laws and regulations regarding your use of our Risepage.com website
and services and with regard to the content and materials provided in it.
Risepage’s website is an
independent website that has no relationship, connection, or affiliation
whatsoever with any company (other than with Risepage), person, outfit,
organization, or group mentioned herein, even if such name appears in our
website name, domain, URL, or otherwise, unless specifically noted as a member,
partner, or joint venture. You should assume no other party, by mere mention of
their name, has endorsed anything on our website or our services. We may or may not be compensated for our
website and services, but you should assume at all times we are being
compensated. While our compensation will
not influence or bias our information, you are solely responsible for any
decisions, financial or otherwise, prompted by our website or services.
- Protection of Intellectual Property.
- Copyright,
Licenses and Idea/User Submissions.
The contents of our website
are protected by intellectual property law, including international copyright
and trademark laws. The owner of the copyrights and/or trademarks are our
website, and/or other third party licensors or related entities.
You do not own rights to any
article, book, ebook, document, blog post, software, application, add-on,
plugin, art, graphics, images, photos, video, webinar, recording or other
materials viewed or listened to through or from our Risepage.com website or via
email or by way of protected content in a membership site. The posting of data
on our website, such as a blog comment, does not change this fact and does not
give you any right in the data. You surrender any rights to your content once
it becomes part of our website.
You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute, in any manner, the
content on our website, including text, graphics, code and/or software. You
must retain all copyright and other proprietary notices contained in the
original content on any copy you make of the content. You may not sell or
modify the content or reproduce, display, publicly perform, distribute, or
otherwise use the content in any way for any public or commercial purpose,
unless otherwise agreed upon in writing by Risepage or an authorized agent of Risepage.
The use of paid content on any other website or in a networked computer
environment for any purpose is prohibited. If you violate any of the terms or
conditions, your permission to use the content automatically terminates and you
must immediately delete or eliminate any copies or reproductions you have made
of the content.
You are granted a
nonexclusive, nontransferable, revocable license to use our website only for
private, personal, noncommercial reasons. You may not post or transmit
advertising or commercial solicitation on our website. You may print and
download portions of material from the different areas of the website solely
for your own non-commercial use, provided that you agree not to change the
content from its original form. Moreover, you agree not to modify or delete any
copyright or proprietary notices from the materials you print or download. Also
note that any notice on any portion of our website that forbids printing and
downloading supersedes all prior statements and controls.
As a user, you agree to use the products and services offered by our website in
a manner consistent with all applicable local, state and federal laws and
regulations. No material shall be stored or transmitted which infringes or
violates the rights of others, which is unlawful, obscene, profane, indecent or
otherwise objectionable, threatening, defamatory, or invasive of privacy or
publicity rights.
You agree to grant to Risepage
a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of our website
(such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our
website by all means and in any media now known or hereafter developed. You
also grant to Risepage the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against Risepage for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to our website.
Publications, products,
content or services referenced herein or on our website are the exclusive
trademarks or servicemarks of Risepage or affiliated parties. Other product and
company names mentioned in our website may be the trademarks of their respective
owners.
You may provide links to our
website, provided you do not change, remove, or obscure the copyright notice or
other notices on our website. Your website or other source of links must not
engage in illegal or pornographic activities. Finally, you may link provided
you understand that you must stop linking to our website immediately upon
request by Risepage.
- Use
of Risepage Website and Services.
- No
Attorney-Client Relationship or Fiduciary Capacity.
You agree, acknowledge, and
accept that we are not trained or licensed professionals and do not purport to
render professional or expert advice in any area. Using our website or services
will not be considered any form of advice requiring a professional license or
any fiduciary capacity, including but not limited to advice of an attorney,
doctor, insurance agent, or financial advisor. Data contained on or made
available through our Risepage.com website is not intended to be, and does not
constitute, legal of financial advice. Data contained on or made available
through our website is not intended to be, and does not constitute, medical or
health advice. Data contained on or made available through our website is not
intended to be, and does not constitute, financial/investing advice. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained
in or linked to our website.
Choosing an attorney,
financial advisor or insurance agent or doctor is a serious matter and should
not be based solely on our website or advertisements. You may send us email, but in no instance
will this communication in any way be construed as initiating a professional
relationship, and so the contact should not include confidential or sensitive
data because your communication will not be treated as privileged or
confidential.
- Non-commercial
Use and Duty to Other Users.
Your use of our website is for
your own personal, non-commercial benefit. You may not use our website or
services to mine for the personal information of other, whether in comments or
otherwise, for your own use or for the benefit of others. This includes, but is
not limited to, spam or unsolicited commercial email. If you inadvertently
obtain personal information about other users, you shall not share it with
anyone else.
Access to certain areas of our
Risepage.com website is restricted. We reserve the right to restrict access to
other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user
ID (username) and password to enable you to access restricted areas of our
website or other content or services, you must ensure that that user ID and
password is kept confidential. You may not share your user ID and/or password
with anyone for any reason, either directly or indirectly. You accept
responsibility for all activities that occur under your user ID or password.
We may disable your user ID
and password at our sole discretion or if you breach any of the policies or
terms governing your use of our Risepage.com website or any other contractual
obligation you owe to us.
- Third-Party
Products/Services.
You acknowledge that, except
for information, products or services clearly identified as being supplied by
our website, our website does not operate, control or endorse any information,
products or services on the Internet in any way. Except for information
identified by our website as such, all information, products and services
offered through our website or on our website generally are offered by third
parties that are not affiliated with our website, and we may be compensated.
- Telephone
Consumer Protection Act (TCPA).
Leads provided by Risepage are
specifically NOT intended to be used in conjunction with or uploaded to any
form of automatic dialing system OR for the use of sending text messages. We do
not support, recommend or integrate to any automatic dialing systems. Please
pause your account and contact your account manager if you use or intend to use
an automatic dialing system. Our lead service is intended for those that
individually and manually dial every lead received from us.
You also understand that our Risepage.com
website cannot and does not guarantee or warrant that files available for
downloading through our website will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to our website for the
reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND SERVICES AND THE
INTERNET. OUR WEBSITE PROVIDES RELATED INFORMATION “AS IS” AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICES
PROVIDED FROM THE INTERNET GENERALLY, OR OUR WEBSITE, COMPANY, PARTNERS,
MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OFFICERS, INDEPENDENT CONTRACTORS, INTEREST-HOLDERS,
REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
OUR SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH MAY BE
OBSCENE OR SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. WE HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
The content may contain
inaccuracies or typographical errors. Our Risepage.com website makes no
representations about the accuracy, reliability, completeness, or timeliness of
the content or about the results to be obtained from using our website or the
content on it. Changes are periodically made to our website, and may be made at
any time and without notice.
Our website does NOT warrant
that our website will operate without mistakes or that our website and its
server are free of computer viruses and other harmful goods or conditions. If
your use of our website or the content results in the need for servicing or
replacing equipment or data, our website is not responsible for those costs.
- Express
Disclaimer of Consequential Damages.
IN NO EVENT WILL OUR WEBSITE,
ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR
AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND
AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS
IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Our website contains links to
third party Websites. Risepage makes no representations or warranties about any
other website which you may access through this one or which may link to this
website. When you access a website from our website, please understand that it
is independent from our website, and that we have no control over the content
on that website. These links are provided solely as a convenience to you and
not as an endorsement by our website of the contents on such third-party
Websites. Our website is not responsible for the content of linked third-party
Websites and does not make any representations or warranties regarding the
content or accuracy of material on such third party Websites. If you decide to
access linked third-party Websites, you do so at your own risk. We do not
necessarily endorse, recommend, suggest or otherwise make any overture or
prompt for action regarding any product or service offered. You should assume
we are compensated for any purchases you make. We are not liable for any
liability, financial or otherwise.
As a user of our Risepage.com
website, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is obscene,
profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user of our website or any other person or entity; post a
sexually-explicit image; post advertisements or solicitations of business; post
chain letters or pyramid schemes; or impersonate another person.
Our website does not represent
or guarantee the truthfulness, accuracy, or reliability of any communications
posted by other users of our website or endorse any opinions expressed by users
of our website. You acknowledge that any reliance on material posted by other
users of our website will be at your own risk.
Our Risepage.com website does
not necessarily screen communications in advance and is not responsible for
screening or monitoring material posted by users of our website. If observed by
our website and/or notified by a user of communications which allegedly do not
conform to these terms and conditions, our website may investigate the
allegation and determine in good faith and its sole discretion whether to
remove or request the removal of the communication. Our website has no
liability or responsibility to users of our website for performance or
nonperformance of such activities. Our website reserves the right to expel
users of our website and prevent their further access to our website for
violating these terms and conditions or any law or regulation, and also
reserves the right to remove communications which are abusive, illegal, or
disruptive.
- Indemnification.
You agree to indemnify, defend
and hold harmless Risepage, its members, mangers, interest-holders, officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to our website from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any use
of our website or violation of these terms and conditions (including negligent
or wrongful conduct) by you or any other person affiliated with you that has
accessed our website. Further, you agree
to indemnify, defend and hold harmless Risepage, its members, mangers,
interest-holders, officers, directors, employees, agents, licensors, suppliers
and any third party information providers to our website from and against all
losses, expenses, damages and costs, including reasonable attorneys’ fees,
resulting from enforcement of this indemnification clause against you or any
other person affiliated with you that has accessed our website.
The provisions of Clause III (Use
of Risepage Website and Services), and IV (Indemnification) are for the benefit
of Risepage and our members, interest-holders, managers, officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its/their
own behalf.
- Violation
of These Terms and Conditions
We reserve the right to
investigate complaints or reported violations of these Terms of Service and
Conditions of Use and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any data necessary
or appropriate to such persons or entities relating to your profile, email
addresses, usage history, IP addresses and traffic data.
- Termination of these terms and conditions.
These terms and conditions, in
whole or in part, may be terminated by Risepage without notice at any time for
any reason. The provisions and clauses of these terms and conditions shall
survive any termination of these terms and conditions, in whole or in part.
- Governing
Law and Venue.
These terms and conditions shall
be governed by and construed in accordance with the laws of the State of Indiana.
You agree that any action including a mediation and/or arbitration must be
brought in St. Joseph County, Indiana. Accordingly, it shall be governed and
construed in accordance with the laws of Indiana in terms of those applicable
to agreements, without regard to conflict of law principles.
The Parties hereto agree that
any and all disputes, controversies or claims to be resolved between the
Parties arising out of or relating to these terms and conditions or any breach
or threatened breach thereof shall be resolved as follows:
- Mediation. Any disputes or disagreements must initially
be resolved to the mutual satisfaction of the parties. If the parties cannot resolve the dispute or
disagreement in good faith, the matter shall be submitted to mediation. Members to dispute agree to mediate in good
faith and effort to resolve the issue.
The mediator, terms, and procedure shall be mutually selected from the
neutral panel from either Judicial Arbitration and Mediation Services, Inc.
(JAMS) or ADR Services, Inc. (“ADR”) within St. Joseph County, Indiana, or the
next most convenient jurisdiction within Indiana. Costs and expenses for mediation shall be
paid by the parties incurring the costs and expenses to mediation.
- Arbitration.
If good faith and efforts of mediation cannot obtain an outcome by the parties
to the dispute, then the Parties agree to submit the dispute to final and
binding arbitration conducted at a location determined by the arbitrator in St.
Joseph County, Indiana, or the next most convenient jurisdiction within Indiana,
administered by and in accordance with the then existing Rules of Practice and
Procedure of either JAMS or ADR Services, and judgment upon any award rendered
by the arbitrator may be entered by any State or Federal Court having
jurisdiction thereof.
Either
Party may commence such proceeding by giving written notice to the other Party.
Upon filing a demand for arbitration, all Parties in the arbitration will have
right of discovery as provided under the relevant rules and procedures, and the
Parties agree that in the event of an arbitration, disputes as to discovery
shall be determined by the arbitrator and such discovery shall be completed
within sixty (60) days after the demand for arbitration is made, unless further
extended by mutual agreement of the Parties or the arbitrator. The arbitrator shall have the power to grant
all legal and equitable remedies and award damages provided by Indiana law. At
the request of any Party, a court reporter shall attend and transcribe the
arbitration proceeding. The cost of the court reporter shall be paid by the
Party requesting the same. The arbitrator shall prepare in writing and provide
to the Parties an award including factual findings and reasons on which the
decision is based. The prevailing party in any such proceeding shall be
entitled to recover his, hers or its costs and expenses (including reasonable
attorney’s fees and the costs of the court reporter) incurred in preparation
for and prosecution of such proceeding and enforcement of or securing recovery
under any order or judgment rendered therein. If required by the arbitrator,
all fees and costs payable to JAMS or ADR prior to determination of the dispute
shall be paid one-half by each Party to this arbitration with reimbursement to
be made pursuant to the immediately preceding sentence. The Parties hereto
hereby submit to the jurisdiction of the courts of the State of Indiana for the
purpose of enforcement of these terms and conditions to arbitrate and any and
all awards or orders rendered pursuant thereto (including without limitation
the provisions of the immediately preceding two sentences). The arbitrator may
not change or modify the terms of these terms and conditions without the
written consent of the Parties.
- Enforcement.
Should any Party seek a provisional remedy to enforce such Party’s rights under
these terms and conditions, such action shall be brought in the jurisdiction of
the Indiana Court in which the arbitration was located. The Court in such
action shall apply Indiana substantive law. The prevailing party in any such
action shall be entitled to recover its costs and expenses (including
reasonable attorneys’ fees) incurred in preparation for and prosecution of such
action and enforcement of or securing recovery under any order and/or judgment
rendered therein. The Parties hereto hereby submit to the jurisdiction of the
Court for the purpose of securing such provisional remedies to enforce these
terms and conditions and any and all orders and judgments rendered pursuant
thereto (including without limitation the provisions of the immediately
preceding sentence).
Neither the course of conduct
between the parties nor industry trade practice shall act to modify any
provision of these terms and conditions.
- Assignability
or Transfer.
Risepage may assign or
transfer its rights and duties under these terms and conditions to any party at
any time without notice to you.
In the event that any part or
parts of these terms and conditions are found to be void, the remaining
provisions shall nevertheless be binding with the same effect as though the
void parts were deleted. Furthermore, the court finding any part or parts of these
terms and conditions to be unenforceable are asked to interpret the remainder
of the Agreement in such a way as to provide reasonable provisions to replace
those voided and to further the reasonable expectations and stated desire of
the parties to these terms and conditions to form a limited liability Company
under the laws of the state of Indiana.
To the extent that anything in
or associated with our website is in conflict or inconsistent with these terms
and conditions, these terms and conditions shall take precedence.
Failure to enforce any
provision of these terms and conditions shall not be deemed a waiver of the
provision nor of the right to enforce the provision.
Any rights not expressly granted herein are reserved to Risepage.com.
The provisions of these terms
and conditions shall be binding upon and inure to the benefit of the personal
representative, successors and assigns of the Parties hereto.
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