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TERMS OF USE


Copyrights
This Site and the materials within it are © 2017 RIZE, LLC ("RIZE").

Use License
RIZE, LLC and Kevin Robert Groover (collectively "RIZE") jointly grant you permission to view and use this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.   

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to RIZE that you will not use this Site or our Community presence on Twitter for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site and do not use our Community presence on Twitter. Other than this agreement and agreements between you and RIZE relating to the sale of products to you through this Site, RIZE will not enter into any agreement with you or obligation to you through this Site or our Community presence on Twitter and no attempt to create such an agreement or obligation will be effective.


Trademarks
The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of RIZE and others. Nothing on this 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 prior written permission of the Trademark owner. RIZE aggressively enforces its intellectual property rights to the fullest extent of the law. The name of RIZE, RIZE logo or the other RIZE formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from RIZE. RIZE prohibits use of RIZE logo as part of a link to or from any site unless establishment of such a link is approved in advance by RIZE in writing. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Product Orders
While we will use our best efforts to fulfill each order as quickly as possible, RIZE cannot guarantee the availability of any particular product displayed on this Site or that fulfillment will conform to your specific time table. Please allow a maximum of 7 days for processing your order and a maximum of 4 additional days for mailing. Due to unexpected periods of high volume ordering by our customers, we may experience temporary delays and temporary shortages that are beyond our control. RIZE reserves the right to discontinue the sale of any product temporarily at any time without notice. Please be patient and place your orders well in advance. If your order has not been shipped by the 14th day after placing your order, your refund will be processed automatically by us on the 14th day and applied to the method of payment that you used during the original transaction.

When placing your order, you are required to verify that the name and mailing address that you have provided is correct, prior to confirming your order. This information is copied and pasted on a corresponding address label to prevent any errors in mislabeling shipments. We do not verify that any of the information that you have provided is correct. Consequently, you are solely responsible for any lost or misdirected shipments in connection with your order.

We reserve the right to limit quantities to the amount reasonable for our regular customers.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, which will be added to your total invoice price.

Once you have entered your payment details and confirmed your order, you order cannot be cancelled. If delivery is refused by you and returned to us, the cost for return shipment to us will be billed to the same method of payment that you used during the original transaction. For returns, please refer to our RETURN POLICY.


Links to Third Party Sites
This Site may contain links to sites owned or operated by parties other than RIZE. Such links are provided for your reference only. RIZE does not control outside sites and is not responsible for their content. RIZE's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does RIZE's inclusion of the links imply that RIZE is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

NO WARRANTIES; EXCLUSION OF LIABILITY
RIZE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RIZE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. RIZE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER RIZE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, RIZE shall not be liable for any damages resulting from the use of this Site or the materials in this Site unless such damages are the result of our negligent or reckless acts or omissions. 

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Contacting Us
If you have any questions about this agreement, please write us at:

RIZE, LLC
PO BOX 622
ANDERSON IN 46015

Although RIZE will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), RIZE does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.


Uploaded Content
By submitting any content to RIZE (including photos), via this Site or otherwise, you represent and warrant that:
You are the sole author and owner of the intellectual property rights thereto; 
All "moral rights" that you may have in such content have been voluntarily waived by you; and 
Use of the content you supply does not violate this agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
That is known by you to be false, inaccurate or misleading; 
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; 
For which you were compensated or granted any consideration by any third party; or 
That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold RIZE (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant RIZE and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at RIZE's sole discretion. RIZE reserves the right to change, condense or delete any content on this Site that RIZE deems, in its sole discretion, to violate this agreement. RIZE does not guarantee that you will have any recourse through RIZE to edit or delete any content you have submitted. You acknowledge that you, not RIZE, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of RIZE, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

General
You agree that this agreement and your use of this Site are governed by the laws of the State of Indiana USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Anderson, Indiana USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

WITH THE PRIOR AGREEMENT OF RIZE, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN ANDERSON, INDIANA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

You agree that RIZE may at any time and without notice change the terms, conditions and notices under which this Site is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.

You agree that no joint venture, partnership, employment or agency relationship exists between you and RIZE as a result of this agreement or your use of this Site.

RIZE’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of RIZE's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by RIZE with respect to such use.

This agreement, privacy policy, refund policy, and product directions and warnings constitute the entire agreement between you and RIZE with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RIZE with respect to this Site. No modification of this agreement shall be effective unless it is authored by RIZE. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by RIZE in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by RIZE in printed form.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF RIZE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Copyright © 2017 RIZE, LLC  All Rights Reserved.  

RIZE is a registered trademark of Kevin Robert Groover.


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© 2017 RIZE LLC, All Rights Reserved.