RISE
TERMS OF SERVICE
The following terms and conditions (the “Terms and Conditions”) govern your use
of website(s) and app(s) owned by Restore 7 (collectively, the “Restore 7”),
including, the “Rise” app, www.restore7.org and www.rise7.org, as well as all other
domain names owned or controlled by Restore 7, or any of its affiliates and/or
subsidiaries (collectively, the “Site”). The Site is made available by Restore 7, and its
affiliates (“Restore 7” or “we” or “us”). We may change the Terms and Conditions
from time to time, at any time without notice to you, by posting such changes on the
Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS
AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. THIS
IS A BINDING LEGAL AGREEMENT.
PROPRIETARY RIGHTS. As between you and Restore7, Restore7 owns, solely and
exclusively, all rights, title and interest in and to the Site, all the content (including,
for example, audio, photographs, illustrations, graphics, other visuals, video, copy,
lyrics, software, etc.), code, data and materials thereon, the look and feel, design and
organization of the Site, and the compilation of the content, code, data and materials
on the Site, including but not limited to any copyrights, trademark rights, patent
rights, database rights, moral rights, sui generis rights and other intellectual
property and proprietary rights therein. Your use of the Site does not grant to you
ownership of any content, code, data or materials you may access on the Site. You
may view the content on the Site on your computer or other internet-compatible
device, and make single copies or prints of the content on the Site for your personal,
internal use only. Any commercial distribution, publishing or exploitation of the Site,
or any content, code, data or materials on the Site, is strictly prohibited unless you
have received the express prior permission of Restore7 or the applicable rights
holder. (The Site may contain some features that enable you to obtain rights to use
certain content on the Site, such as photographs, comments, and the like. In such
situations, your rights to use such content are limited to the rights expressly granted
by Restore7 in such situations.) You may not otherwise copy, reproduce, distribute
or otherwise exploit any content, code, data or materials on the Site. If you make
other use of the Site, or the content, code, data or materials thereon, except as
otherwise provided above, you may violate copyright and other laws of the United
States, other countries, as well as applicable state laws and may be subject to
liability for such unauthorized use. Restore7 will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of criminal
prosecution.
Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the
owner of any content you post on the Site; provided, however, we shall have the
nonexclusive, perpetual right to use, distribute, license and sublicense, translate,
exploit and copy such content, in our sole discretion; and provided, further, that you
shall not be entitled to any compensation whatsoever in connection with the use
and enjoyment of our rights described above.
TRADEMARKS. The trademarks, logos, service marks and trade names (collectively
the "Trademarks") displayed on the Site are registered and unregistered
Trademarks of Restore7 and others and may not be used in connection with
products and/or services that are not related to, associated with, or sponsored by
their rights holders that are likely to cause customer confusion, or in any manner
that disparages or discredits their rights holders, or otherwise in violation of
applicable law. All Trademarks not owned by Restore7 that appear on the Site, if
any, are the property of their respective owners. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Site without the written permission
of Restore7 or the third party that may own the applicable Trademark. Your misuse
of the Trademarks displayed on the Site is strictly prohibited. Restore7 will
aggressively enforce its Trademark rights to the fullest extent of the law, including
the seeking of criminal prosecution.
INFRINGEMENT AND DMCA NOTICES. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been violated, please notify Restore7’s agent for notice of
claims of copyright or other intellectual property infringement ("Agent"), at:
Restore 7
Attn: Copyright Agent
7051 Highway 70 South
Suite 183
Nashville, TN 37221
Email: copyright@restore7.org
All notices must include: a) Identify the material on the Site that you claim is
infringing, with enough detail so that we may locate it on the Site; b) A statement by
you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; c) A statement by you declaring under
penalty of perjury that (1) the above information in your notice is accurate, and (2)
that you are the owner of the copyright interest involved or that you are authorized
to act on behalf of that owner; d) your name, address, telephone number, and email
address; and e) your physical or electronic signature. Restore7 will remove the
alleged infringing posting(s), subject to the procedures outlined in the Digital
Millennium Copyright Act (DMCA).
USER INFORMATION. In the course of your use of the Site, you may be asked to
provide certain personalized information to us (such information referred to
hereinafter as “User Information”). Our information collection and use policies with
respect to the privacy of such User Information are set forth in the Site’s Privacy
Policy [add link] which is incorporated herein by reference for all purposes. You
acknowledge and agree that you are solely responsible for the accuracy and content
of User Information, and further that we are entitled to rely on the accuracy and
completeness of the User Information.
UNSOLICITED MATERIALS. Unless specifically requested, we do not solicit nor do
we wish to receive any confidential, secret or proprietary information or other
material from you through the Site, by e-mail or in any other way. Any information,
creative works, ideas, suggestions, concepts, methods, systems, designs, plans,
techniques or other materials submitted or sent to us (“Submitted Materials”) shall
be deemed not to be confidential or secret, and may be used by us in any manner
consistent with the Site’s Privacy Policy. By submitting or sending Submitted
Materials to us, you: (i) represent and warrant that the Submitted Materials are
original to you, that no other party has any rights thereto, and that any "moral
rights" in Submitted Materials have been waived, and (ii) you grant us a royalty-free,
unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sublicensable right and license to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such material (in whole or part) and/or to incorporate it in other works
in any form, media, or technology now known or later developed. We cannot be
responsible for maintaining any Submitted Material that you provide to us, or to
return it to you, and we may retain, delete or destroy any such Submitted Material at
any time, in our sole discretion.
USER CONDUCT. You warrant and agree that, while using the Site, you shall not
upload, post or transmit to the Site, or distribute or otherwise publish through the
Site, any materials that: (a) are protected by third party copyright, or other
proprietary or intellectual property right; (b) are unlawful, threatening, hateful,
tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or
publicity rights, harassing, profane, obscene, vulgar or that contain explicit or
graphic descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or group
of individuals), (c) restrict or inhibit any other user from using and enjoying the Site,
(d) constitute or encourage conduct that would constitute a criminal offense or give
rise to civil liability, or (e) contain a virus or other harmful component, advertising
of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity
or misrepresent your affiliation with any other person or entity; (b) upload, post,
publish, transmit, reproduce, distribute or in any way exploit any information or
other material obtained through the Site for commercial purposes (other than as
expressly permitted by the provider of such information or other material); (c)
engage in spamming, flooding, harvesting of e-mail addresses or other personal
information, spidering, "screen scraping," "database scraping," or any other activity
with the purpose of obtaining lists of users or other information, or send chain
letters or pyramid schemes via the Site; (d) attempt to gain unauthorized access to
other computer systems through the Site; (e) “stalk” or otherwise harass anyone
using the Site or access through the Site; (f) contact anyone using the Site or
accessed through the Site for any commercial purpose; or (g) contact anyone using
the Site or accessed through the Site for any inappropriate, unlawful, or elicit
purpose. You agree that you will not use the Site in any manner that could damage,
disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Site.
Although Restore7 may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards, and the like on the Site, Restore7 is under
no obligation to do so and assumes no responsibility or liability arising from the
content of any such locations on the Site nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall
open in a new browser window. You agree not to link from any other website to this
Site in any manner such that the Site, or any page of the Site, is “framed,”
surrounded or obfuscated by any third party content, materials or branding. We
reserve the right to revoke your right to link to the Site from your website at any
time upon written notice to you.
You agree to defend, indemnify and hold Restore7 and its directors, officers,
employees and agents harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorney fees, arising in any way from your use of
the Site, your placement or transmission of any message, content, information,
software or other materials through the Site, or your breach or violation of the law
or of these Terms and Conditions. Restore7 reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with Restore7’
defense of such claim.
USER RISK. You assume all risk when using the Site, including, but not limited to, all
of the risks associated with any online or offline interactions with others, including
communication, dating, bartering, buying, selling, and correspondence. You agree to
take all necessary precautions associated with such activities. RESTORE7 IS NOT
LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON (S)
YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE, AND RESTORE7
EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND
RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS. ACCOUNT AND
PASSWORD. You may be enabled to create an account in the Site with a username
and/or password. If so, you are responsible for maintaining the strict confidentiality
of your account password, and you shall be responsible for any access to or use of
the Site by you or any person or entity using a password provided to you, whether
or not such access or use has been authorized by or on behalf of you, and whether or
not such person or entity is your employee or agent. You agree to (a) immediately
notify Restore7 of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each
session. It is your sole responsibility to control the dissemination and use of your
password, control access to and use of your account, and notify Restore7 when you
desire to cancel your account on the Site. Restore7 will not be responsible or liable
for any loss or damage arising from your failure to comply with this provision.
ACCESS TO THE CONTENT. By agreeing to these Terms and Conditions, the Privacy
Policy, and any other agreements and/or licenses we require, you are entitled to
access the Site according to any and all access guidelines, rules of conduct, or other
obligations we establish. Your access is explicitly limited, personal, non-transferable
and non-exclusive, and subject to these Terms and Conditions and the Privacy
Policy.
RESTORE7 EXPRESSLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS
TO THE SITE, OR ANY PART THEREOF, IN THE EVENT YOU MISUSE AND/OR ABUSE
YOUR ACCESS TO THE SITE, OR ARE IN VIOLATION OF THESE TERMS AND
CONDITIONS, THE PRIVACY POLICY, OR ANY OTHER AGREEMENT OR LICENSE
WITH US OR AFFECTING US.
ACTIVATION AND SUBSCRIPTION FEES. Restore7 reserves the right to charge
activation and/or subscription fees for various services we may offer, in our sole
discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset,
unless otherwise agreed in writing.
SOFTWARE DOWNLOADS. In the event that you receive software demos or other
software products downloaded from and/or access through the Site or otherwise
delivered or provided by Restore7 in response to your request, your use of such
software will be, in addition to these Terms and Conditions, subject to the software
license agreement that accompanies such software.
MEDIA DOWNLOADS AND STREAMING. In the event that you are permitted to
download (including podcasts) and/or stream media, including, but not limited to,
video, audio, and/or other media, you understand and agree that your use is limited
to personal, non-transferrable access, and is subject to any restrictions placed on
such media content.
PRODUCT ORDERS. We may make certain products available to visitors and
registrants of the Site, including specials, deals, discounts, and the like. You may only
access or purchase any such products by, among other things, warranting that you
are domiciled in the United States and you are 18 years old or older. You agree to
pay in full the prices for any purchases you make either by PayPal and/or
credit/debit card concurrent with your online order or by other payment means
acceptable to Restore7. You agree to pay all applicable taxes. If payment is not
received by us, you agree to pay all amounts due upon demand by us, including any
costs of collection, including attorney fees.
THIRD PARTY WEBSITES. You may be permitted to link from the Site to third party
websites (“Linked Sites”). For example, you may purchase products, some of which
may be Restore7 products, on or though Linked Sites. You acknowledge and agree
that we have no responsibility for the information, content, products, services,
advertising, code or other materials which may or may not be provided by or
through Linked Sites. Links to Linked Sites do not constitute an endorsement by us
of such web sites or the information, content, products, services, advertising, code
or other materials presented on or through such web sites.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL
SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS
AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND
IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT,
FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE
MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO
ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. RESTORE7 ALSO ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT,
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE
DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING
THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, RESTORE7 AND ITS
SUPPLIERS, VENDORS, AND LICENSORS MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR
PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY
AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES
LITERATURE, FREQUENTLY ASKED QUESTIONS, DISCOUNTS, SPECIALS, AND
OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH RESTORE7 OR ITS
AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE
ARE PROVIDED BY RESTORE7 “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL,
OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY
ENTERED INTO IN WRITING BETWEEN YOU AND RESTORE7 OR ITS LICENSOR,
VENDOR, OR SUPPLIER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL RESTORE7 OR ANY OF ITS
DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR
SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR
INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR
THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS
OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN
CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR
RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE
PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR
YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID
BY YOU TO RESTORE7 FOR YOUR USE OF THE SITE.
NO LEGAL REPRESENTATION. YOUR ACCESS TO ANY OF THE RESTORE7, OR ANY
CONTENT THEREON, DOES NOT CONSTITUTE LEGAL ADVICE. ANY AND ALL
MATERIALS PROVIDED TO YOU BY, ON OR THROUGH ANY OF THE RESTORE7 IS
FOR INFORMATIONAL PURPOSES ONLY.
INDEMNITY. You shall at all times indemnify and hold Restore7, its respective
shareholders, directors, officers, members, employees, agents, successors, and
assigns, harmless from and against any and all claims, damages, losses, costs,
liabilities and expenses, including attorney fees, arising out of or caused by a breach
by you of any representation, warranty or agreement made by you and/or any use
or reliance on the Content and/or any other property owned by Restore7, or
otherwise arising out of or in any way related to your use of the Site.
RELATIONSHIP OF PARTIES. Nothing contained in any Restore7 agreement or in
these Terms and Conditions shall constitute a partnership between or joint venture
of the parties, or constitute either party as the agent of the other. Neither party shall
hold itself out contrary to the terms of any Restore7 agreement and/or these Terms
and Conditions, and neither party shall be or become liable by reason of any
representation, act or omission of the other contrary to the provisions the same.
Except as otherwise expressly provided for, any Restore7 agreement is not for the
benefit of any third party and shall not be deemed to give any right or remedy to any
such party.
WAIVER. No waiver by Restore7 of any breach of any agreement, warranty,
representation, obligation, promise, and/or other part of these Terms and
Conditions shall be deemed a waiver of any preceding, continuing or succeeding
breach of the same, or any other item.
ASSIGNMENT. You shall not assign any of your rights and/or delegate any of your
obligations under this or any other agreement with Restore7. Any purported
assignment and/or delegation by you shall be null and void. Restore7 may assign
and/or delegate any of its rights and/or obligations under these Terms and
Conditions, and/or under any other agreement between you and Restore7.
BINDING AGREEMENTS. All applicable Restore7 agreements and these Restore7
Terms and Conditions shall be binding upon and inure to the benefit of the parties
and each of their respective successors and assigns.
NOTICES. Any notices required to be given by any party to the other shall be in
writing and may be effected either by personal delivery in writing or by mail,
registered or certified, postage prepaid with return receipt requested. Either party
may change its address for purposes of this Agreement by giving the other party
written notice of the new address in the manner set forth above.
HEADINGS. The headings used in these Terms and Conditions, or any articles,
sections or paragraphs, are inserted only for the purposes of convenient reference
and that they may not accurately or adequately describe the contents of the sections
or paragraphs which they head. Such headings shall not be deemed to limit, cover or
in any way affect the scope, meaning or intent of these Terms and Conditions, or any
part of thereof, nor shall they otherwise be given any legal effect.
GOVERNING LAW AND VENUE; ATTORNEY FEES. These Terms and Conditions shall
be governed by and construed in accordance with the laws of the State of Tennessee.
The exclusive venue of any mediation, action or other proceeding arising out of this
Agreement shall be in the state and federal courts in the Davidson County, State of
Tennessee. The prevailing party in any dispute or proceeding arising out of this
Agreement shall be entitled to recover its costs and expenses, including reasonable
attorney fees, incurred as a result thereof.
SEVERABILITY. Nothing herein contained shall be construed as to require the
commission of any act contrary to law, and wherever there is any conflict between
any provisions of these Terms and Conditions, and any material statute, law or
ordinance contrary to which the parties have no legal right to contract, the latter
shall prevail, but in such event, the provisions of the Terms and Conditions affected
shall be curtailed and limited only to the extent necessary to bring it within the legal
requirements.
COUNTERPARTS. All Restore7 agreements, including these Terms and Conditions,
may be executed (including by electronic execution) in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
REMEDIES. In the event any mediation, lawsuit and/or any other action or
proceeding is instituted by you against Restore7, your recovery, if any, shall be
absolutely limited by the amount of activation and/or subscription fees you pay to
Restore7.
ENTIRE AGREEMENT. These Terms and Conditions are intended by the parties as
the final expression of their agreement and understanding with respect to the
subject matter hereof and as a complete and exclusive statement of the terms
thereof and supersedes any and all prior and contemporaneous agreements and
understandings related thereto. Any modification of these Terms and Conditions by
Restore7 shall be binding immediately upon posting to the Site.
COMPLIANCE WITH LOCAL LAWS. Restore7 operates the Site from its offices in the
United States of America. Restore7 does not represent that materials on the Site are
appropriate or available for use in other locations. Persons who choose to access the
Site from other locations, do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
MODIFICATIONS TO SITE AND SERVICES. Restore7 reserves the right, for any
reason, in our sole discretion, to terminate, change, suspend or discontinue any
aspect of the Site, including, but not limited to, content, features or hours of
availability. We may also impose limits on certain features of the Site or restrict
your access to part or all of the Site without notice or penalty. Restore7 reserves the
right to temporarily or permanently terminate your access to the Site for any or no
reason without prior notice.
ACCEPTANCE OF TERMS AND CONDITIONS. Your use of the Site, or any part
thereof, constitutes your express understanding, acknowledgement and acceptance
of these Terms and Conditions, to the same extent as if you signed a document
evidencing your acceptance and agreement with these Terms and Conditions.