Page Use Terms.
These Inventory+ Rise page Use Terms ("Use Terms") govern your access to and use of Rise pages, including the Rise page you are currently using. Inventory+ ,LLC, a/k/a Rise ("Rise," "we" or "us"), among other things, provides Rise registered users ("Rise page Customers") with a set of web-based tools and services to help them get online and establish and maintain a marketing presence on third party-sites, including search sites, social networks, and messaging services in order to better interact with customers and prospects and monitor their reputation (collectively the "Rise Offerings"). The Rise Offerings, among other things, enable Rise Customers to create and manage their own Web sites ("Rise pages"). For purposes of these Use Terms, we refer to visitors to these Rise pages as "Rise page Visitors" or "you." BY VIEWING OR USING ALL OR ANY PART OF THE RISE PAGE, YOU AGREE TO BE BOUND BY THESE USE TERMS. IF YOU DO NOT AGREE TO THESE USE TERMS, THEN YOU MAY NOT ACCESS OR USE THE RISE PAGE.
Rise page Visitors may not use any Rise page to:
The Rise page may enable Rise page Visitors to post or share their own content. As amongst the Rise page Visitor, Rise page Customer, and Rise, the Rise page Visitor owns all of the content, including any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, audio and video clips and other information, that they post or share using the Rise page (referred to as "Rise page Visitor Content"). Each Rise page Visitor hereby grants to Rise, its affiliates, and the Rise page Customer who created and manages the particular Rise page, a perpetual, irrevocable, license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit their Rise page Visitor Content in connection with the Rise page. We may use Rise page Visitor Content to advertise and promote Rise, Rise page Customer, and the Rise page. Our license to Rise page Visitor Content is non-exclusive, meaning Rise page Visitors may use their Rise page Visitor Content for their own purposes or let others use Rise page Visitor Content for their purposes. Our license to Rise page Visitor Content is fully-paid and royalty free, meaning we do not owe the Rise page Visitors anything else in connection with our use of Rise page Visitor Content. We may exercise our rights anywhere in the world. Finally, our license to display Rise page Visitor Content shall last for so long as the particular Rise page is available.
As a Rise page Visitor, you promise that:
Other than Rise page Visitor Content, we license (typically from the Rise page Customer) or own the content on the Rise page, including all software, text, and visual and audio content (collectively, "Our Content") and Rise's trademarks, logos, and brand elements ("Our Marks"). Our Content and Our Marks are protected under U.S. and international laws. Rise page Visitors will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our Content. Rise Rise page Visitors agree not to modify Our Content in any manner or form, or to use modified versions of Our Content, including, without limitation, for the purpose of obtaining unauthorized access to the Rise page. Rise page Visitors agree not to access the Rise page by any means other than through the interface that is provided by us for use in accessing the Rise page.
We welcome and appreciate feedback and suggestions. Rise page Visitors understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, Rise page Visitors understand and agree that we may use them without compensation to the Rise page Visitor.
We respect the intellectual property rights of others. Upon proper notice, we will remove Rise page Visitor Content or other applicable content from Rise pages that violate copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:
The Rise page Customer who created and manages the Rise page generally controls any changes to the Rise page. Rise page Customers may change or discontinue their Rise pages at any time, with or without notice.
If you violate these Use Terms, your permission to use the Rise page automatically terminates. We have the right to terminate, suspend, or restrict your access to the Rise page, unilaterally and without notice, for any reason, including a violation of these Use Terms.
YOU USE THE RISE PAGE AT YOUR OWN RISK. THE RISE PAGE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RISE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE RISE PAGE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, RISE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO RISE PAGE VISITORS BY OR ON BEHALF OF THE RISE PAGE CUSTOMER OR RISE OR ANY CONTENT AVAILABLE ON OR THROUGH THE RISE PAGE (INCLUDING ANY CONTENT SUBMITTED BY OTHER RISE PAGE VISITORS OR THIRD PARTIES), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE RISE PAGE. RISE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE RISE PAGE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE RISE PAGE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE RISE PAGE BY ANY THIRD PARTY; (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE RISE PAGE; (G) ANY PACKAGING, LABELING, SHIPPING, RECALL, ENFORCEMENT OF GOVERNMENT LAWS AND REGULATIONS, SALE, USE, OR CONSUMPTION OF PRODUCTS OR SERVICES OFFERED OR OTHERWISE MADE AVAILABLE THROUGH THE RISE PAGE; OR (H) MATTERS BEYOND ITS OR THEIR REASONABLE CONTROL. RISE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR THE RISE PAGE CUSTOMER OR ON OR THROUGH THE RISE PAGE OR ANY LINKED WEB SITE OR ANY TRANSACTIONS TAKING PLACE ON SUCH SITES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RISE PAGE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RISE OR THROUGH THE RISE PAGE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE USE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RISE NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE RISE PAGE. OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATING TO YOUR USE OF THE RISE PAGE WILL NOT EXCEED $100.00.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to all Rise page Visitors. To the extent Rise may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Rise's liability will be the minimum permitted under such law.
Each Rise page Visitor agrees to indemnify, defend, and hold harmless Rise and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including Rise page Visitor Content, feedback, or any other content) the Rise page Visitor or anyone using their account submit, post, or transmit on or through the Rise page; (b) use of the Rise page by the Rise page Visitor or anyone using their account; (c) violation of these Use Terms by the Rise page Visitor or anyone using their account; and (d) violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by the Rise page Visitor or anyone using their account. Rise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Rise page Visitor. If we do assume the defense of such a matter, the Rise page Visitor will reasonably cooperate with us in such defense.
Under no circumstances will Rise be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Use Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Each Rise page Visitor agrees that any action of whatever nature arising from or relating to these Use Terms or the Rise page will be filed only in the state or federal courts located in Los Angeles County, California, and each Rise page Visitor hereby consents and submits to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Use Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Use Terms and will not affect the validity and enforceability of any remaining provisions. The failure of Rise to enforce any right or provision of these Use Terms will not be deemed a waiver of that right or provision and will not prevent Rise from enforcing such right or provision in the future.
These Use Terms are personal to each Rise page Visitor, and are not assignable, transferable or sublicensable by the Rise page Visitor except with Rise's prior written consent. We may assign our rights and obligations under these Use Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
From time to time, we may change these Use Terms. If we change these Use Terms, we will inform Rise page Visitors by posting the revised Use Terms on the Rise page. Those changes will go into effect on the Revision Date shown in the revised Use Terms. By continuing to access and use the Rise page, each Rise page Visitor agrees to be bound by the revised Use Terms.