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.
- Links to Our Website
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.
- Restricted access.
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.
- Viruses or other Code.
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.
- Assumption of Risk.
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.
- Limitation of Liability.
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.
- Links to Other Websites.
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.
- User Submissions.
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.
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.
- Third Party Rights.
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.
- Dispute Resolution
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.
- This Agreement Prevails.
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.
- Binding Effect.
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.