LAST UPDATED: December 23, 2020
The terms “Rise Gatherings”, “we”, “us” or “our” used in this refer to Rise Gatherings, Inc. Rise Gatherings Membership/Rise U provides digitally accessible workshops, classes and content. The Site and Applications, as “Rise Gatherings Membership” or “Membership” or “Rise U”. Any Service purchased hereunder is purchased from Rise Gatherings, Inc. By registering as a member or by accessing or using the Membership in any way, you accept this Agreement.
Prior to using the Membership, it is important for you to know and understand that by accessing and/or using the Membership through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Membership is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Membership or your access and use of the Membership. If you have any questions or concerns firstname.lastname@example.org.
We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Membership.
By using the Membership, you consent to receiving this Agreement in electronic form.
Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE RISE GATHERINGS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE RISE GATHERINGS MEMBERSHIP IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. RISE GATHERINGS SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE RISE GATHERINGS SERVICE.
1. The Service
A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Rise Gatherings grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license, to access and use the most current available versions of the Site for your lawful, personal and non-commercial use.
B. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.
C. Membership. To receive the full benefits of the Membership, you will be required to register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Rise Gatherings and notify us if your information changes. In creating a username, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
D. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Rise Gatherings. If you wish to inquire about possible commercial use, please contact us at email@example.com.
E. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using Membership. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
F. Rise Gatherings may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Rise Gatherings’ sole discretion.
2. Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE RISE GATHERINGS SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE MEMBERSHIP OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY WORKSHOPS OR CLASSES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE RISE GATHERINGS MEMBERSHIP AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE SEEN ON THE MEMBERSHIP. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, MEMBERSHIP IS CONTINUALLY UNDER DEVELOPMENT AND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE MEMBERSHIP WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In using the Membership, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Rise Gatherings Membership.
4. General Disclaimers
Rise Gatherings provides the Membership on an “as is” and “as available” basis. You therefore use the Membership at your own risk.
Rise Gatherings expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Rise Gatherings makes no representations or warranties:
- That the Membership, or any particular program is suitable for you;
- Regarding the adequacy or safety of the Membership for any particular user;
- That the Membership will meet your personal needs;
- That the Membership will be permitted in your jurisdiction;
- That the Membership will be uninterrupted or error-free;
- Concerning any content submitted by any member; o Concerning any third party’s use of content that you submit;
- That Membership will continue to support any particular feature of the Membership Service; or
- Concerning sites and resources outside of the Rise Gatherings Membership, even if linked to/from the Membership website.
Rise Gatherings reserves the right to modify the Rise Gatherings Membership. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Membership. Rise Gatherings has no obligation to screen or monitor any content and does not guarantee that any content made available on the Membership complies with this Agreement or is suitable for all users. Rise Gatherings shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Membership content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Membership, and no warranties shall apply after such period.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Rise Gatherings, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Rise Gatherings, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Rise Gatherings over the twelve (12) months preceding your claim(s).IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.
CONSENT TO EMAIL: When you sign up for the Membership, you agree and consent to receive email messages from Rise Gatherings as well as the teaching team for the semester in which you enroll in Rise U. These emails may be transactional or relationship communications relating to the Membership, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
Auto-renewal and billing; Subscription Fees; Rise U Semester; Free Trial Terms.
A. Subscription. Unless you have selected a free version of a Membership, or enrolled for a Rise U Semester the Rise Membership is a paid, auto-renewing subscription service. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period. Rise U Semesters are purchased as a finite program without auto-renewal. If you enroll in the membership as a Rise U semester you pay only for that semester and must re-enroll to continue in future semesters.
B. Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE MEMBERSHIP, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
- Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers”) that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond the Rise Gatherings Membership as an “Add-On Service.” Each Add-On Service is a separate subscription service and is subject to an additional one time or monthly fee that automatically renews just like your regular subscription.
F. Annual Subscriptions. We Offer Subscriptions to the Membership (for one year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased an Annual Subscription, your Subscription will automatically renew for 12 months). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. For users of the Membership, you can always cancel before your next renewal term by logging into your account and following the cancellation instructions below (“How to Cancel”).
G. Paused Subscriptions. In circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize Rise Gatherings to bill your account starting at the expiration of your paused account status period.
H. Changes to Membership Subscription Fees; Rise Gatherings may increase its subscription fee for the Membership effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
8. Cancellation; Term and Termination; Account Deletion
HOW TO CANCEL.
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription:
- Log in to Rise Gatherings Membership.
- Select “Your Account” from the Membership drop down menu. Please note that the “Your Account” link will not appear until you are logged in.
- Under “Billing,” choose “View or Cancel Plan”
- Click “Cancel subscription.”
- You will receive an email confirming that your subscription has been cancelled.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Membership that remains inactive (i.e., the user fails to log in) for a continuous period of at least 12 months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Rise Gatherings may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Rise Gatherings determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Rise Gatherings’ reputation or goodwill. If Rise Gatherings deletes your account for the foregoing reasons, you may not re-register for the Membership. Rise Gatherings may block your email address and Internet protocol address to prevent further registration. Rise Gatherings is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Rise Gatherings will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Rise Gatherings shall not be responsible for the loss of such content.
9. Community Guidelines; User Content
Membership offers you the ability to share User Content through certain of its Services, including through social features available within zoom chat, social media groups and other modes, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of this Agreement, “User Content” means video, images, text, comments, audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Membership, any Rise Gatherings social media page or by providing a review through a third-party service.
A. Guidelines. Rise Gatherings gives you the ability to submit User Content in order to create a community experience where our users can encourage and support one another.
You agree to follow these guidelines when submitting User Content:
SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at email@example.com for the fastest response.
RESPECT — Please be respectful and courteous to the members of this group.
FEEDBACK — We welcome constructive feedback (both positive and negative) on your Membership experience and ask that you contact us directly at firstname.lastname@example.org so that we can be sure we hear your thoughts on our Membership and strive to improve.
REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at email@example.com.
B. Restrictions. You may not submit any User Content that: * Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); * Contains sexually explicit content or pornography; * Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; * Advocates harassment or intimidation of another person; * Exploits minors; * Depicts unlawful acts or extreme violence; * Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); * Depicts animal cruelty or extreme violence towards animals; or * Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
C. User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, Rise Gatherings has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will Rise Gatherings be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.
We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Rise Gatherings, its users, or members of the public or (v) to report a crime or other offensive behavior.
D. Objectionable Content. Rise Gatherings may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Rise Gatherings’ sole discretion. “Objectionable Content” includes, but is not limited to: 1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, 2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, 3. User Content that may harm minors in any way; 4. User Content that has the goal or effect of “stalking” or otherwise harassing another 5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy; 6. User Content that is vulgar, offensive, obscene or pornographic, 7. Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8. Material that contains software viruses or any other computercode, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
E. Social Features. Rise Gatherings may provide opportunities for you to submit User Content through social features on its Site. These are intended to be a community-based venue for Membership users to chat, interact and support one another.
F. As between you and Rise Gatherings, you own all User Content that you submit to the Rise Gatherings, whether directly via the Membership or indirectly (for example, via Facebook). However, it is important that you understand that by posting User Content to Rise Gatherings or to Rise Gatherings’ social media pages, you are granting Rise Gatherings and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs, testimonials and reviews) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your User Content.
G. You further grant all users of the Membership permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Rise Gatherings on improving or adding new features to the Membership or other offerings, Rise Gatherings shall have the right to use your suggestions without any compensation to you.
H. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Rise Gatherings and grant the licenses set forth above; (ii) Rise Gatherings will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
10. Code of Conduct and Prohibited Activities
In using the Membership, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person; o Harm or exploit minors;
- Distribute “spam”;
- Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- “Frame” or “mirror” any part of the Service or the Site;
- Use meta tags or code or other devices containing any reference to Rise Gatherings, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Rise Gatherings) to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
- Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
- Collect information about others;
- Advertise or solicit others to purchase any product or
- service within the Membership Site;
- Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Participate in any activity that in any way violates any law; or
- Access or use the Site and Service (including any Add-on Service or application available through a mobile or set- top device) from the European Economic Area.
Rise Gatherings reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service must comply with all applicable laws and regulations. You agree that Rise Gatherings may access, preserve and disclose your account information and Content required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
You agree to indemnify, defend, and hold harmless Rise Gatherings and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Membership; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Rise Gatherings violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Rise Gatherings reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rise Gatherings in connection therewith.
12. License to Use the Rise Gatherings Membership
LICENSE: Rise Gatherings grants you a limited, non-exclusive license to access and use the Rise Gatherings Service for your own personal, non-commercial purposes. This includes the right to view content available on the Rise Gatherings Membership. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Rise Gatherings in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Rise Gatherings Membership. Nor will you take any measures to interfere with or damage the Rise Gatherings Membership. All rights not expressly granted by Rise Gatherings are reserved.
Your use of the Rise Gatherings Service through any applications or device constitutes your agreement to be bound by these Terms.
13. Third Party Links and Content
Certain links on the Rise Gatherings Sites and/or the Rise Gatherings Membership may let you leave the particular Rise Gatherings Site or Rise Gatherings Membership you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Rise Gatherings does not control these sites, nor has Rise Gatherings reviewed or approved the content which appears on the linked sites. Rise Gatherings is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Rise Gatherings 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 the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Rise Gatherings Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Rise Gatherings shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
14. Intellectual Property
You acknowledge that the Rise Gatherings Site and Membership contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Rise Gatherings-generated content and content developed for Rise Gatherings by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Rise Gatherings owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Rise Gatherings Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Rise Gatherings name, logos and affiliated applications and technologies are the exclusive property of Rise Gatherings, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Membership. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Membership should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Rise Gatherings owns and retains all proprietary rights in the Site and the Membership, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Rise Gatherings Site, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Rise Gatherings Membership and any information you download or offer to share by means of the Rise Gatherings Membership, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Rise Gatherings shall not be liable for any unauthorized access to your mobile device or the data thereon.
16. Export Controls:
The Rise Gatherings Membership and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Applications. You agree to comply with these laws, restrictions and regulations when downloading or using the Applications.
17. Notice to U.S. Government End Users:
Any Applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
18. General Provisions
ARBITRATION AND GOVERNING LAW: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Rise Gatherings in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Rise Gatherings or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Rise Gatherings or its affiliates (except for matters that may be taken to small- claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Rise Gatherings (except for small-claims court actions) may be commenced only in the federal or state courts located in Pennsylvania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Rise Gatherings, shall be governed by the laws of the state of Pennsylvania without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Rise Gatherings in exercising any right hereunder will waive any further exercise of that right. Rise Gatherings’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Rise Gatherings’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Rise Gatherings electronically. Rise Gatherings may provide all such communications by email or by posting them on the Rise Gatherings Membership. For support- related inquiries, you may send an email firstname.lastname@example.org
Nothing herein shall limit Rise Gatherings’s right to object to subpoenas, claims, or other demands. MODIFICATION: This Agreement may not be modified except by a revised EULA posted by Rise Gatherings on the Rise Gatherings Site or a written amendment signed by an authorized representative of Rise Gatherings. A revised EULA will be effective as of the date it is posted through the Rise Gatherings Service.
This Agreement constitutes the entire understanding between Rise Gatherings and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.