Terms of Service
(last updated May 30, 2025)
These Terms of Service (the “Terms”) constitute a binding agreement between you and Rise HiER, LLC (“Rise HiER,” “we,” “our,” or “us”) with respect to your access to or use of the Service (as defined herein), whether as a guest or a registered user. The Service is offered subject to your acceptance, without modification, of all terms and conditions set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT”, BY ACCESSING OR USING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER, OR BY SUBSCRIBING TO THE SERVICE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE RISE HIER PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”); AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS, USE, INSTALL, OR SUBSCRIBE TO THE SERVICE.
RISE HIER MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.
THE SERVICE. Rise HiER operates an online service through its website with a homepage at www.risehier.com, any subdomains and/or other websites, and any associated mobile or desktop applications (the “Site”), including all features, content, tools, applications, and other tools and services included thereby (collectively, the “Service”). The Service provides a platform for users to connect with coaches and mentors from our group of talented entrepreneurs and business leaders.
SCOPE OF ACCESS. The scope of your access to the Service may be determined or otherwise limited by the terms of the applicable Subscription Plan (as defined in Section 4 below) you have selected through such ordering process as may be permitted by Rise HiER from time to time (an “Order”). Rise HiER may choose not to accept Orders at its sole and absolute discretion. For the avoidance of doubt, all Orders accepted by Rise HiER shall be subject to the terms and conditions of this Agreement unless otherwise specified in a separate written agreement executed between you and Rise HiER.
CHANGES TO THE AGREEMENT. Rise HiER reserves the right to modify or change this Agreement and its terms, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting at the Site, unless otherwise specified in the updated Agreement. You waive any right you may have to receive specific notice of any modifications or changes, except as otherwise required by law. Your continued access to and use of the Site and Service confirms your acceptance of this Agreement and any changes or modifications made to the Agreement. You should review this Agreement frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the Service.
ACCESS TO THE SERVICE.
Service Subscriptions. The Service is offered on a subscription basis and in accordance with the service plan described on the Site and selected by you (a “Subscription Plan”). We may modify, terminate, change fees, or replace the Service or any Subscription Plan from time to time in our sole discretion and without prior notice. You should carefully review the scope and limitations of any Subscription Plan prior to purchase.
Access Grant. Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, Rise HiER will provide you access to and use of the Service, in accordance with your current Subscription Plan during your paid-up subscription period.
Limitations. The rights granted under this Section 4 are non-exclusive, non-transferable (except in accordance with Section 23(c) hereof), non-sublicensable, and revocable (in accordance with the terms hereof). Rise HiER may suspend or terminate your access to the Service, or any component thereof, if Rise HiER reasonably determines that you have violated any term or condition of this Agreement.
USER ACCOUNTS. In order to access and use the Service or certain features thereof, you may be required to establish a Rise HiER user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify Rise HiER of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, and other credentials. You will cooperate fully with Rise HiER and take all actions that Rise HiER reasonably deems necessary to maintain or enhance the security of the Service, Rise HiER’s computing systems and networks, and your access to the Service. Rise HiER is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this Section 5.
RESTRICTIONS ON USE. You shall not and shall not attempt to: (i) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party; (iii) remove any copyright or proprietary notices contained in the Service or any output thereof; (iv) breach, disable or tamper with, or develop or use any workaround for, any security measure provided or used by the Service; (v) access the Service via any bot, web crawler, non-human user, or unpublished or undocumented application programming interfaces (APIs); (vi) use any published Rise HiER APIs in a manner inconsistent with their intended purpose, documentation, and policies (vii) misrepresent your identity; (viii) stalk or harass any other user of the Service; (ix) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; or (x) make any use of, or take any other action with respect to, the Site or Service or any component thereof in a manner that violates applicable law, any provision of this Agreement, or any professional or ethical rules or guidelines applicable to you.
CONTENT FROM USERS.
User Content. As between you and Rise HiER, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content and other information, materials, or content that you upload, import, input, or post to or otherwise in connection with the Service. Without limiting the generality of the foregoing, you shall not upload, import, input, or post any User Content or other information, materials or content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) violates any applicable law, (iii) is, or is likely to be considered, immoral, libelous, tortious, defamatory, threatening, vulgar, or obscene or harmful to minors, or (iv) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You acknowledge and agree that Rise HiER does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Content) integrated or imported into, transmitted through, or posted to the Site or the Service and Rise HiER will not be responsible for such data, information, materials, or content (including User Content). Notwithstanding the foregoing, however, Rise HiER may, at its option and in its sole discretion, remove or delete from the Site or Service any data, information, materials, or content (including any User Content) that Rise HiER determines violates the terms of this Agreement. For purposes of this Agreement, “User Content” shall mean any data, materials, trademarks, logos, tradenames, or information that you upload, import, input or post, including verbally or in audio or visual format, into, through, or in connection with the Site or Service.
Content Transmitted Through the Service. The Service includes certain features that enable users to message one another, including in real time (collectively, “User Messaging”). Any opinions, recommendations, offers, advice, or other information disseminated through User Messaging or verbally through the Service are those of the respective user, and Rise HiER shall have no responsibility or liability with respect to the same. All User Messaging and other communication accomplished through the Service shall constitute User Content hereunder and is subject to the requirements and restrictions set forth in Section 7(a). If you believe that another user has violated this Agreement, including, without limitation, with respect to User Messaging or User Content, please promptly report the violation to Rise HiER via email at hello@risehier.com.
Limited License to User Content. Rise HiER respects the ownership rights you may have in your User Content and User Messaging. You do, however, hereby agree to grant Rise HiER a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and fully sublicensable right (including any moral rights) and license to use, store, copy, distribute, publicly perform, communicate to the public, host, stream, publicly display, modify, and create derivative works of any User Content in order to operate, secure, and improve the Service and to make the Service available. You represent and warrant to Rise HiER that you have all rights necessary to grant the rights and licenses granted to Rise HiER under this Agreement.
USER OBLIGATIONS. You are responsible for your use of the Service and compliance with this Agreement, and for all User Content (including, without limitation, User Messaging). You agree to (i) obtain all third-party consents or approvals that may be necessary for the collection, use, transmission, and uploading of User Content or other content sent to or by means of the Service by you or on your behalf, and (ii) comply with all applicable laws and regulations with respect to your access to or use of the Service, including without limitation those pertaining to privacy, data security, and publicity.
TECHNICAL REQUIREMENTS. You acknowledge and agree that your access to and use of the Service is dependent upon access to telecommunications and Internet services. You acknowledge that Rise HiER is not responsible for acquiring or maintaining any telecommunications or Internet services or other hardware or software that you may need to access and use the Service, or for any costs, fees, expenses, or taxes of any kind related to the foregoing.
TERM AND TERMINATION. This Agreement shall remain in full force and effect while you use the Service. Rise HiER may terminate or restrict your access to any or all of the Service or your User Account, for any reason, and without warning, and Rise HiER reserves the right to discontinue or modify any aspect of the Service at any time. Any termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination of this Agreement, you will remain liable for any accrued charges and amounts which become due for payment before or after termination and immediately cease to use the Service.
SERVICE FEES AND OTHER CHARGES.
Payment Method. In order to acquire a Subscription Plan, you must provide a current valid credit card or other payment method acceptable to Rise HiER (a “Payment Method”). By providing a Payment Method to Rise HiER, you are expressly authorizing Rise HiER to charge you for all service fees, subscription fees, or other amounts applicable to your access to and use of the Service, at the applicable frequency and at the then-current rate. Except as otherwise set forth herein, Rise HiER will bill all applicable subscription fees, service fees, and other fees and amounts in advance using the Payment Method linked in your User Account, or a different Payment Method if you provide us with a different Payment Method in connection with the applicable purchase.
Free Trials. Should your Subscription Plan include a free trial or trial period (a “Trial”), we reserve the right, in our sole discretion, to determine your eligibility for a Trial and to modify the scope and availability of any Trial at any time. If you receive a Trial, you may only use those portions of the Service included in your Trial and only for the duration of that Trial. Upon the expiration of any Trial, your access to the Service will cease or transition to a paid subscription according to the Subscription Plan to which you subscribed in accordance with the terms and conditions of this Agreement.
Subscription Fees. As consideration for Rise HiER’s provision of the Service hereunder, you will pay to Rise HiER all subscription fees and other amounts as set forth herein. Unless otherwise expressly established, the subscription fees and payment terms applicable to the Subscription Plan are displayed at the point of purchase. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 11(f), ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE.
Coaching/Mentoring Fees. Your engagement with a coach or mentor through the Service is not governed by Terms. Any such engagement will be governed by the terms of an agreement entered into directly between you and the applicable coach or mentor, which may include additional fees and/or costs. Rise HiER is not responsible for determining or collecting any fees or costs associated with the engagement between you and a coach or mentor and such fees are not included in your Subscription Plan.
Renewal Terms. Your Subscription Plan will automatically renew for additional subscription terms of the same length upon expiration of your initial subscription term unless and until you cancel your Subscription Plan or we terminate it. YOU MUST CANCEL YOUR SUBSCRIPTION PLAN WITHIN 15 CALENDAR DAYS OF ANY RENEWAL IN ORDER TO BE ELIGIBLE FOR RETURN OF SUBSCRIPTION FEES FOR THE THEN-CURRENT RENEWAL SUBSCRIPTION, AT RISE HIER’S SOLE DISCRETION. ANY SUBSCRIPTIONS NOT CANCELED WITHIN SUCH 15-DAY GRACE PERIOD SHALL NOT BE ELIGIBLE FOR ANY RETURN OF FEES.
Cancelation. Subject to the terms of this Section 11, you may cancel your Subscription Plan at any time; provided, however, that any such cancellation shall not become effective until the expiration of your then-current subscription term and you will continue to have access to the Service in accordance with the terms of your applicable Subscription Plan for the remainder of the then-current subscription term. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11(D) HEREOF, RISE HIER DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO THE SERVICE OR ANY SUBSCRIPTION PLAN, INCLUDING FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS. You can cancel your Subscription plan through your User Account portal or by sending us a written cancellation request via email at hello@risehier.com and include the phrase “CANCEL SUBSCRIPTION” in the subject line. For additional information or for assistance, please contact Rise HiER’s customer support team at hello@risehier.com. Cancelations of Subscription Plans will only be effective when submitted in compliance with the requirements of, and as set forth in, this Section 11(f).
Taxes. The fees and other payment amounts specified in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). You shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Rise HiER’s net income.
Promotions. Rise HiER may offer from time-to-time promotions on the Site or with respect to the Service that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this terms and conditions of this Agreement, the promotion terms will govern.
DATA USE.
Data Use Rights. You acknowledge that, in order for Rise HiER to deliver a high-quality Service, Rise HiER requires the ability to improve the Service. Accordingly, and notwithstanding anything herein to the contrary and in addition to all other rights granted hereunder, you hereby grant to Rise HiER permission to use, on an aggregated and de-identified basis, any User Content or other information that Rise HiER learns, acquires, or obtains in connection with this Agreement, for the purposes of providing and improving the Service.
ELECTRONIC COMMUNICATION. By accepting this Agreement:
You consent that Rise HiER can communicate with you by phone or electronically via in-app messages, texts, e-mails or any other suitable form of electronic communication (“Messages”).
You consent to receiving Messages from Rise HiER related to the Service such as but not limited to Messages about quality of service, and availability, as well as Messages that are ancillary to the Service, such as but not limited to Messages about new product announcements, product recommendations, and other promotions.
You agree that Rise HiER can contact you at any time regarding the Service.
You agree that Rise HiER can employ and use automated means and/or a third-party messaging service to send Messages or contact you regarding the Service.
You understand that you can revoke your consent to receiving promotional messages at any time by updating your notification preferences in the account settings of the Service.
You accept that you are responsible for keeping your contact information up to date in the account settings of the Service.
PRIVACY. You acknowledge and agree that all information collected by Rise HiER is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
INTELLECTUAL PROPERTY.
Rise HiER Intellectual Property. As between you and Rise HiER, the Service, Site, and all software and other technologies embodied in or used to provide the same, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Rise HiER and/or its licensors.
Feedback. To the extent you provide Rise HiER with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Site or Service (collectively, “Feedback”), you hereby assign and agree to assign to Rise HiER all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that Rise HiER will be free to use such Feedback in any manner, including by implementing such Feedback in the Service and/or Rise HiER’s other technologies, products and services, without compensation or other obligation to you.
THIRD PARTY SERVICES. The Service may contain links to or otherwise allow you to access third party applications and services, including coaching and/or mentoring services, (“Third Party Services”) that are not owned or controlled by Rise HiER. When you access third party websites or Third Party Services, you do so at your own risk. Rise HiER encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or Third Party Service (“Third Party Terms”) that you visit or from which you access any product or service. Rise HiER has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any third-party website or Third Party Service. In addition, Rise HiER will not and cannot monitor, verify, censor, or edit the content of any third-party website or Third Party Service. When you visit or use a third party’s website or Third Party Service, you acknowledge that such website or Third Party Service is subject to the applicable Third Party Terms, and you release Rise HiER from any liability directly arising from your use of such websites or Third Party Service. You acknowledge that Riser HiER is not responsible for such third parties or their products or services. Any such activities, and any Third Party Terms associated with such activities, are solely between you and the applicable third party.
REPRESENTATIONS AND WARRANTIES; OTHER TERMS.
Representations and Warranties. You represent, warrant, and covenant that:
You are authorized to use the Service and to access all information and data (including all User Content) that you input or import into the Service;
You own or otherwise have any and all necessary rights in and third party consents relating to such information and data, so that Rise HiER’s receipt, possession, and processing of such information and data (including any User Content) does not and will not infringe, misappropriate, or otherwise violate the intellectual property rights or any privacy or other rights of any third party or violate any applicable law, rule, or regulation;
You are authorized to access the processed information and data (including User Content) that is made available to you through your access to and use of the Service (whether that information and data is your own or that of anyone else); and
Other Terms. You also agree and acknowledge that:
It is solely your responsibility to determine that the Service meets your needs and is suitable for the purposes for which it is used; and
The Service is intended only for use within the United States. Rise HiER makes no representations or warranties that the Service is appropriate for use or access in other locations. If you access or use the Service from any other location, you do so on your own initiative and at your own risk, and you alone are responsible for complying with all applicable law with respect to the same. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RISE HIER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER RISE HIER NOR ANY PERSON ASSOCIATED WITH RISE HIER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER RISE HIER NOR ANYONE ASSOCIATED WITH RISE HIER REPRESENTS OR WARRANTS THAT THE SERVICE OR ANY RESULTS GENERATED FROM THE USE OF THE SAME, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AS BETWEEN YOU AND RISE HIER, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE SERVICE AND ALL CONTENT AND RESULTS GENERATED THEREBY.
RISE HIER CANNOT AND DOES NOT CONTROL ACTIONS OF ANY USER, INCLUDING COACHES AND MENTORS. YOU AGREE AND ACKNOWLEDGE THAT RISE HIER IS NOT RESPONSIBLE FOR, AND SHALL NOT BE LIABLE IN ANY WAY FOR, ANY ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER (INCLUDING, WITHOUT LIMITATION, COACHING AND MENTORING SERVICES), OR ANY USER OF THE SITE OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the exclusions and/or limitations in this Section 18 may not apply to you.
INDEMNITY. You agree to indemnify, defend, and hold Rise HiER and its members, officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from (a) your access to and use of the Service and Site, or any violation of this Agreement or applicable law; (b) any coaching or mentoring accessed through the Service; and (c) any User Content posted or uploaded to, or otherwise made available through, the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RISE HIER OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, RISE HIER IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT, IN NO EVENT WILL RISE HIER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RISE HIER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO ANY CLAIM. If you are not satisfied with the Service, your sole and exclusive remedy is to cancel your subscription (if applicable) and cease all use of the Service. Some jurisdictions do not allow the exclusion or limitation of certain consequential damages, so some of the exclusions and/or limitations in this Section 20 may not apply to you.
You and Rise HiER each understand and agree that the disclaimers, exclusions, and limitations in this Section 20 and in Section 18 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Rise HiER would be unable to make the Site or Service available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
DIGITAL MILLENNIUM COPYRIGHT ACT.
Rise HiER is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:
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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notice should be sent to: hello@risehier.com. You acknowledge that for Rise HiER to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
HELP DESK. If you encounter technical problems when using the Service, please contact us at hello@risehier.com.
MISCELLANEOUS.
Service Availability. You agree and acknowledge that the Site and/or Service may be temporarily unavailable due to maintenance or other development activities. Rise HiER will use commercially reasonable efforts to provide you with advance notice of any such unavailability but shall not have any liability to you for any planned or unplanned unavailability or downtime.
Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under this Agreement if the delay or failure is due to any cause outside of our reasonable control.
Assignment. You may not assign or transfer any rights to any other person without Rise HiER’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. Rise HiER may freely assign this Agreement without your consent. This Agreement shall be binding on the parties and their permitted successors and assigns. A person who is not a party to this Agreement has no right to benefit under or to enforce any term or condition of this Agreement.
Governing Law and Venue. This Agreement and any dispute or claim arising out of or related to the terms and conditions of this Agreement, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Salt Lake County, Utah.
Notices. Any notice given under this Agreement by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to Rise HiER must be sent to hello@risehier.com. Notices to you will be sent to any email address associated with your User Account. For contractual purposes, you consent to receive communications from us in electronic form, including via text message for purposes of our provision of the Service, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Severability and Waiver. If any part or provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of this Agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If we waive any breach of this Agreement, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and Rise HiER with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections of this Agreement will survive any termination of this Agreement: Sections 3, 5 (with respect to the final sentence thereof), 6-8, 10, 11(f), 12, 15-21, and 23.