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Rising Wellness Terms of Service

1. Acceptance of Terms

1.1. Agreement.

By accessing or using the Rising Wellness website and/or any of its related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all other rules, policies, and procedures that we may publish from time to time on the Service.

1.2. Modifications.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least seven days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

1.3. Eligibility.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

2. User Accounts

2.1. Account Creation.

To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, complete, and current information when creating your account.

2.2. Security.

You are responsible for safeguarding the password and for any activities or actions under your account. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.

3. Use of the Service

3.1. License.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for your personal/internal business purposes.

3.2. Prohibited Activities.

You agree not to use the Service for any purpose that is prohibited by these Terms. Prohibited activities include, but are not limited to:

  • Violating any applicable local, state, national, or international law or regulation.
  • Infringing on the rights of others, including intellectual property rights.
  • Transmitting or uploading any malware, viruses, or other harmful computer code.
  • Collecting or storing personal data about other users without their express consent.
  • Harassing, abusing, or harming another person or group.
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.

4. Intellectual Property

4.1. Our Content.

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Rising Wellness and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rising Wellness.

4.2. User Content.

You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, display, and distribute such User Content in connection with the Service. You warrant that your User Content is original and does not violate the rights of any third party.

5. Termination

5.1. Termination by Us.

We may terminate or suspend your account and deny access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

5.2. Effect of Termination.

Upon termination, your right to use the Service will immediately cease. Sections 4 (Intellectual Property), 6 (Disclaimer of Warranty), 7 (Limitation of Liability), and 8 (Governing Law) shall survive any termination.

6. Disclaimer of Warranty

6.1. "AS IS" Basis.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

6.2. No Guarantee.

Rising Wellness does not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; or c) the Service is free of viruses or other harmful components.

7. Limitation of Liability

7.1. Maximum Liability.

IN NO EVENT SHALL RISING WELLNESS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE LAST SIX MONTHS.

8. Governing Law and Dispute Resolution

8.1. Governing Law.

These Terms shall be governed and construed in accordance with the laws of Michigan United States of America, without regard to its conflict of law provisions.

8.2. Arbitration/Venue.

Any dispute arising from these Terms shall be settled by binding arbitration in Birmingham, Michigan United States of America, in accordance with the rules of the American Arbitration Association.

9. Indemnification

You agree to defend, indemnify, and hold harmless Rising Wellness and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.