Terms of service

Effective as of August 12, 2021

Welcome to RISE Performance & Health LLC. Please read the following to learn the rules and restrictions that govern your use of our website and applications (the “Services”). These Terms & Conditions (the “Terms”) apply to your access and use of this website (the “Site”) provided by RISE Performance & Health LLC, (referred to collectively as “RISE,” “RISE Performance & Health,” “we,” or “us”).

By using and or accessing the site, you (“you”, “user”) agree that you have read and understood these terms and agree to be bound by them. 

These terms are a binding contract between you and RISE Performance & Health. You must agree to and accept all of the Terms, otherwise, you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these terms, and these Terms will remain in effect while you use the Services. You agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that we post, which are hereby incorporated by reference into these Terms and with any applicable third-party terms of the agreement. These Terms include provisions in this document, as well as those in the Privacy Policy, to also be found linked in the footer of the Site. 

We are constantly striving to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms  & Conditions at any time by posting the revised terms on our website. You can determine when these terms were last revised by referring to the “effective as of” date at the top of this webpage. Any modifications will be effective immediately upon such posting. Your use of or access to the site after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site, in whole or in part, or of any service, content, feature, or product offered through the site. 

You shall not, and shall not allow any third party to (1) commercial exploit; (2) modify or create derivative works of the Site in any way; (3) attempt to drive the source code or structure of the site; (4) bypass, or attempt to bypass, any electronic protection measures in place to regulate or control access to the Site; (5) manually or automatically download and store information provided via the Site to a database for anything other than personal and non-commercial use; (6) use any software or other technologies to bypass or go around the presented navigational architecture of the Site without expressed written consent from RISE Performance & Health. 

You agree not to build, sell, or share with others any software and technologies that will aim to integrate with the Site without written permission.

RISE may involve and cooperate with law enforcement authorities if needed if the terms are not followed. RISE Performance & Health will have the right to pursue an investigation and prosecution to the fullest extent of the law when any of the above is violated. 

Users

Any user who voluntarily signs up for more information (e-newsletter, promos, bonus materials, etc), or who purchases a product, service or program through the Site, is agreeing to both the terms of this Agreement where applicable with respect to such product, service or program. 

You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and all Content available at or through the Sites. 

Intellectual Property & Restrictions on Use 

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other content that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to RISE. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. RISE Performance & Health grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of RISE Performance & Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RISE without express written consent. You may not use any meta tags or any other “hidden text” utilizing RISE Performance & Health’s name or trademarks without the express written consent of RISE. Any unauthorized use terminates the permission or license granted by RISE Performance & Health. 

RISE Performance & Health’s trademarks may not be used in connection with any product or service that is not RISE Performance & Health, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RISE. All other trademarks not owned by RISE Performance & Health that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RISE. 

Content linked to the Site 

You may find third-party links on the Site. When you click on links that take you outside of the Site to any other webpage including those of affiliates, joint-venture partners, content partners, or other businesses or service providers who may or may not be affiliated with our work, you assume all of the risk, responsibilities, and consequences resulting from your use of or access to third-party websites. Other websites not belonging to RISE Performance & Health may be subject to different terms and conditions of use and privacy policies. You acknowledge that we are not responsible for examining or evaluating the content of other sites, nor are we responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Waiver and Indemnification 

By using the site, you agree to indemnify and hold RISE Performance & Health, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless from and against any and all claims, liability, damages, losses, costs, and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the website using your password, personal computer or other electronic devices, or internet access account. You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third-party claim or waive any defense without our prior written consent. 

Disclaimer of Warranties/Limitation of Liability

You agree that your access to and use of the Site and any content herein is at your own risk. 

The content on the Site is provided “AS IS.” The fullest extent permitted by applicable law, we disclaim any and all warranties, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage of trade. 

To the maximum extent allowed by law, in no case shall RISE Performance & Health, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the site or for any other claim related in any way to your use of the site, including, but not limited to, any errors or omission in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted transmitted, or otherwise made available through the Site, even if advised of their possibility. 

Electronic Communications

When you visit the Website or correspond with us via email, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. 

Google Analytics 

This may be used to optimize operations and personalize engagement with you. 

Compliance with Applicable Law 

This website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

Controlling Law 

This Agreement and any action related thereto will be governed by the laws of the State of Washington.

Miscellaneous 

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and RISE Performance & Health relating to the Terms of Use, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and RISE Performance & Health.

Contact

When needed, we can be contacted at: info@riseperformancehealth.com (please use subject line “terms & conditions”)