TERMS OF SERVICE AGREEMENT
This agreement (hereinafter, the "Agreement") between Project Rise and Shine, Inc. (hereinafter, "PR&S,” "us" or "we") and you sets forth the terms and conditions which govern your use of this website www.projectriseandshine.com and any of the PR&S or PR&S sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by PR&S.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. PR&S MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA E-MAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License; Use of Services.
PR&S grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
PR&S 's Services shall contain, without limitation, e-commerce, e-mail services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
a. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
b. Access the Sites or Services by any means other than through the standard industry-accepted or PR&S provided interfaces;
c. Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, pornographic, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d. Impersonate any person or entity, including without limitation, a PR&S official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. Post or transmit any material that contains a virus, corrupted data or other harmful component;
f. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. Use any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. Engage in any commercial endeavor, post or transmit any unsolicited advertising, promotional materials, "junk mail,” "spam," "chain letters," "pyramid schemes" or any other form of solicitation of funds, goods, services or otherwise, or any non-resume information such as opinions or notices, commercial or otherwise;
i. Violate any applicable local, state, national or international law;
j. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party or entity, including, without limitation, rights of publicity;
k. Delete or revise any material posted by any other person or entity;
l. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
m. Solicit gambling or engage in any gambling activity;
n. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any PR&S product or Service if you are not expressly authorized by such party to do so; or
o. Use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair PR&S 's servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to PR&S through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Commercial Transactions.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe to any of these products or Services, you will be asked by PR&S or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide PR&S or such third party with accurate, complete and current information, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Subscriptions/Club Memberships: Some services offered by PR&S are subscription-based services, including club memberships. If you enroll in a subscription-based service, including any club membership, you agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. PR&S reserves the right to change the amount of, or basis for determining, any fees or charges for these services and to institute new fees, charges or terms effective upon prior notice to, and consent by, you. PR&S reserves the right to terminate any account at any time for any reason. PR&S agrees that it will notify you when, and if, PR&S decides to terminate your account.
When you enroll in a subscription-based service, you are agreeing to automatic periodic billing of your credit card in an amount, and at intervals, disclosed to you at the time of enrollment. This means that your credit card will be automatically billed for this amount at each such interval thereafter until you affirmatively cancel your subscription. Your periodic charges are nonrefundable. You may cancel your subscription at any time by contacting us by e-mail at email@example.com or by writing to us at 9663 Santa Monica Blvd. Suite 801, Beverly Hills, CA 90210.
Your right to use our services is conditioned upon our timely receipt from you of all amounts due. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including a chargeback, we reserve the right to either suspend or terminate your access and your account.
Workshops and Seminars: You may elect to cancel your paid registration for any PR&S workshop or seminar at any time. In the event you notify PR&S of such election more than 30 days prior to the event, you will receive a refund of the registration fee, less 10% of such fee as an administrative charge. In the event you notify PR&S of such election less than 30 days prior to the event, you will not receive any refund of the registration fee, but your registration fee shall be applied as a credit towards the applicable registration fee if you attend a future PR&S workshop or seminar.
Products: All PR&S products come with a 30-day money back guarantee, except for autographed products purchased from PR&S. This guarantee period begins from the date that your order is delivered to you (not from the date that you placed your order). In the event you elect to return a product purchased from PR&S, in order to receive a refund, you must request and obtain a Return Authorization (“RA”) number from PR&S during the guarantee period. You may obtain this number by e-mailing us at firstname.lastname@example.org. Thereafter, you must return the goods postage prepaid and postmarked within 15 days after the expiration of the guarantee period. A Return Authorization shall be given only if you request a Return Authorization during the guarantee period. Refunds are for the purchase price of the goods returned, less shipping and handling charges. No refunds shall be made for returns received by PR&S more than 15 days after the expiration of the guarantee period REGARDLESS of whether you have a Return Authorization. No returns shall be accepted and no refunds whatsoever shall be made with respect to autographed products purchased from PR&S.
4. Message Boards and Chat Rooms.
PR&S hosts message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. PR&S or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by PR&S staff, PR&S's outside contributors, or by users not connected with PR&S, some of whom may employ anonymous user names. PR&S expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of PR&S or any of its subsidiaries or affiliates.
PR&S has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
6. Third Party Content.
In general, third parties and users supply some of the content contained on the Sites or Services. Accordingly, PR&S is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not PR&S. Neither PR&S nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, PR&S neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized PR&S representative while acting in his/her official capacity.
7. Sweepstakes, Contests and Games.
PR&S often provides sweepstakes, contests and games on its Sites. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
8. Accounts, Passwords and Security.
If any of the Sites or Services requires you to open an account, you must complete the registration process by providing PR&S with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to PR&S that is untrue, inaccurate, not current or incomplete, PR&S reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify PR&S immediately of any unauthorized use of your account or any other breach of security. PR&S will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by PR&S or another party due to someone else using your account or password.
9. Disclaimer Regarding Links.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, 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 PR&S shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11. Proprietary Rights.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of PR&S or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning PR&S or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to PR&S shall be fully paid-up and royalty free. In addition, under no circumstances shall PR&S have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of PR&S 's business through a merger, sale or transfer of all or substantially all of the assets of PR&S, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on PR&S 's part and we shall not be liable for any use or disclosure of any such Submission Materials.
12. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by PR&S infringe your copyright, you, or your agent may send to PR&S a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon PR&S actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to PR&S a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
PR&S 's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Designated Agent: Robert G. Endara II
Address of Agent: 9663 Santa Monica Blvd., Suite 801, Beverly Hills, CA 90210
Telephone: (310) 288-0700
Fax: (310) 288-0711
E-mail for notice: rendara@ProjectRiseandShine.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
PR&S 's policy with respect to the collection and use of your personally identifiable information is set forth on the www.ProjectRiseandShine.com Site.
14. Disclaimer of Warranties.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS,” "AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PR&S AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability.
NEITHER PR&S NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATED OR RELATED ENTITIES, AGENTS OR SPONSORS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF PR&S'S SITES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, INJURY OR DEATH OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE OR MISUSE OF THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL PR&S'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PR&S AND ITS RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THESE SITES. YOU (AND NOT PR&S) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THESE SITES. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PR&S AND ITS RELATED PERSONS AND ENTITIES ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
16. Professional Advice Disclaimer.
PR&S'S SITES DO NOT PROVIDE MEDICAL, PSYCHIATRIC, PSYCHOLOGICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND PR&S MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
18. Jurisdictional Issues.
PR&S makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. PR&S reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that PR&S, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement that provide for continuing obligations on your part shall survive indefinitely.
20. General Information.
This Agreement constitutes the entire agreement and understanding between you and PR&S and governs your use of the Sites and the Services, superseding any prior agreements between you and PR&S. This Agreement and the relationship between you and PR&S shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and PR&S irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Los Angeles, in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of PR&S to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by PR&S of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
21. Legal Notice.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of these Sites and Services is Project Rise & Shine, Inc., 9663 Santa Monica Blvd., Suite 801, Beverly Hills, CA 90210, (310) 288-0700.