RISE Educational Advocacy and Consulting, LLC Terms of Service
(Last updated: September 2022)
As used in our terms, conditions, and notices, “RISE Educational Advocacy and Consulting, LLC,” “RISE,” “our” and “we” refers to RISE Educational Advocacy and Consulting, LLC.
Riseeducationaladvocacy.com (the “Website”) is owned by RISE and includes content, videos, training materials, products, services or other materials made available on the Website by us or other third parties, managed by RISE on our Website and our social media sites (Facebook, Twitter, Instagram and other community or interactive sites) (collectively, “Our Web Properties”). Our Web Properties are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any of Our Web Properties constitutes your agreement to all such terms, conditions, and notices.
We reserve the right, at our sole discretion, to modify, add or remove portions of these terms, conditions and notices at any time and will notify you of such changes by posting the modified terms, conditions, and notices on this Website and indicating at the top of the date it was last updated.
Other sites linking to Our Web Properties are not endorsed by us, and we are not responsible for their content, unless the linking site is owned or provided by us. The content of other sites that are linked from Our Web Properties is the responsibility of the owner or maintainer of the linked site, and we do not sponsor or endorse the linked site. You should contact [email protected] with questions you have regarding whether we are the owner or provider of a linking site or of a linked site.
Our Web Properties are intended to be used for general educational guidance and instructional purposes only and do not constitute legal or other professional advice on any subject matter. Unless otherwise specified, Our Web Properties are for your personal and noncommercial use.
The information on Our Web Properties, including content, videos, training materials, or other information or materials, shall not be construed as an offer to represent you. Use, purchase, or receipt of, or access to, the information on Our Web Properties does not create a professional-client relationship between you and RISE.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from Our Web Properties.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of Our Web Properties solely for your own noncommercial use. Any other use of materials on Our Web Properties, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of Our Web Properties, without our prior written permission is strictly prohibited.
Harassment in any manner or form on any of Our Web Properties, including via email and chat or by obscene or abusive language is strictly forbidden. Repetitive posting or spamming is prohibited. Impersonation of others, including a RISE employee, host, or representative or other members or visitors on Our Web Properties is prohibited. You may not upload to, distribute, or otherwise publish through Our Web Properties any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on Our Web Properties or use Our Web Properties to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in Our Web Properties, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, information, videos, training materials, presentations, data, products, services, and all other elements of Our Web Properties, is protected by intellectual property and other laws, and is the property of RISE. This content includes works that are licensed to us. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to RISE, or other respective owners that have granted RISE the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information. Please be advised that to be effective, the Notification must include ALL of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of your notice is the best way to help us locate content quickly);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail: RISE Educational Advocacy and Consulting, LLC Attention: Legal/Infringement Notice 3655 Torrance Boulevard, Suite 300 Torrance, CA 90503.
By Email: [email protected] (Please include “Notice of Infringement” in the message.) See our Designation of Agent information on file with the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/list/a_agents.html.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
You understand that we may (a) transmit or distribute your user content over various public networks and in various media; and (b) make such changes to your user content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit us to take these actions.
You confirm and warrant to us that you have all the rights, power, and authority necessary to grant the above license.
If you have created a user account, you can access and update your personal information, including account information, cancel your account, or change your account password by logging into your user account or by emailing [email protected].
You are responsible for deciding if you want to access or use third-party apps or sites that link from Our Web Properties. If you allow a third-party app or site to authenticate you or connect with your account on Our Web Properties, that app or site can access information on our site related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps. Use these at your own risk.
Payment for services and content is due in full at the time of registration or before accessing content. You are responsible for nonpayment, even if the fee is paid by a third party. Accepted payment methods are PayPal, credit card, and debit card. We cannot accept checks. Prices are subject to change without notice.
Your use of Our Web Properties is at your own risk, and we are not liable for inaccuracy or errors in any material on Our Web Properties. Our Web Properties are provided AS IS and WITHOUT WARRANTY OF ANY KIND, either express or implied. There is NO WARRANTY of MERCHANTABILITY or FITNESS FOR PARTICULAR PURPOSE or non-infringement. We do not warrant the availability or functionality of Our Web Properties or that they will operate in an error-free manner or free from viruses, worms, or other harmful code. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
To the fullest extent permitted by law, you are responsible for your use of Our Web Properties, and you will defend and indemnify RISE and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “RISE Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Binding Arbitration and Class Action Waiver
You and RISE agree to arbitrate all disputes between you and RISE or its affiliates, except disputes relating to the enforcement of RISE or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action, or other controversy between you and us concerning Our Web Properties or these terms, whether in contract, tort, warranty, statute, or regulation or other legal or equitable basis. You and RISE empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms is void or voidable.
In the event of a dispute, you or RISE must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below., We will send any notice of dispute to you at the contact information we have for you. You and RISE will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. You must send any notice of the dispute to: Attention: Legal/Arbitration Notice [3655 Torrance Boulevard, Suite 300 Torrance, CA 90503].
If you and RISE do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, RISE will pay all filing, AAA, and arbitrator’s fees and expenses.
The arbitration will take place at any reasonable location convenient for you and RISE.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor RISE will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or RISE that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Torrance, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.