Terms of Use

These Terms of Use are effective as of October 22, 2019.

Welcome to the Rise.com website (the "Site"). Articulate Global, Inc. doing business as "Rise" (also referred to as "Articulate", "we", "us", and "our") maintains the public areas of this Site as a service to our website visitors.

By accessing the public areas of this Site, you are subject to the following terms of use.

1.

Age Restrictions

If you reside in the United Sates and are under age 13, or if you reside outside the United States and are under the age of 16, please do not share personal information on this Site. We will not knowingly collect personal information from you. If we discover that you have shared personal information, we will delete it immediately upon discovery.

2.

Access Restrictions; Monitoring

You may access the public areas of this Site, but only for your own internal purposes. You may not access (or attempt to access) this Site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You may not access (or attempt to access) this Site through any automated means (including use of scripts or web crawlers), and you shall comply with the instructions set out in any robots.txt file present on this Site. You may not (i) resell, sublicense, transfer, assign, or distribute this Site, its services, or content; (ii) modify or make derivative works based on this Site, its services, or content; or (iii) "frame" or "mirror" this Site, its services, or content on any other server or Internet-enabled device. You may not use this Site for any illegal or unauthorized purpose.

We reserve the right, but not the obligation, to monitor your access and use of the public areas of this Site without notification to you. We may also record and/or log your use of the public areas of this Site. For more information, please refer to our Privacy Policy.

3.

Use Restrictions

You may not change, modify, adapt, or alter this Site or change, modify, or alter another website to falsely imply that it is associated with this Site or Rise. You may not interfere with disable, overburden, damage, impair, or disrupt this Site or servers or networks connected to this Site, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Rise page is rendered or displayed in a user's browser or device. You may not attempt to restrict another user from using or enjoying this Site and you may not encourage or facilitate violations of these Terms of Use or any other Rise terms. Regarding the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders: by accessing this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

4.

Scope of Agreement

These Terms of Use constitute the entire and only terms between us and you regarding your access to the public areas of this Site. Rise reserves the right, in its sole discretion, to change these terms from time to time. You should review these terms periodically for purposes of understanding our then-current terms.

5.

Rise Content; No Express or Implied Licenses

The Site contains content owned or licensed by Rise ("Rise Content"). Rise Content is protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Rise, Rise owns and retains all rights in the Rise Content and this Site. There are no express or implied licenses hereunder, and any right not expressly granted herein are reserved by Rise and its licensors. Without limiting the generality of the foregoing, you may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Rise Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Rise Content.

6.

Trademarks

Rise® and Articulate® are the trademarks or registered trademarks of Articulate Global, Inc., in the United States and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.

7.

DMCA Notice; Copyright Infringement

Rise respects the rights of all copyright holders and in this regard, Rise has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rise's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright 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;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. For copyright inquiries under the Digital Millennium Copyright Act please contact:
    DMCA Copyright Agent
    Agent Name: Brian Gil
    Street Address: 244 5th Avenue, Suite 2960
    City, State, Zip: New York, NY 10001
    Phone: 646-706-7596
    Email: privacy@rise.com

8.

Indemnification

You must defend (at Rise's request), indemnify and hold Rise and its affiliates and its and their employees, officers, directors, agents, successors and assigns (collectively, the "Rise Parties") harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with your use of this Site. You will cooperate as fully required by Rise in the defense of any claim. Rise reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not in any event settle any claim without the prior written consent of Rise.

9.

Warranty Disclaimer

THE INFORMATION PROVIDED ON OR THROUGH THE PUBLIC AREAS OF SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT POSSIBLE BY LAW. TO THE FULLEST EXTENT POSSIBLE BY LAW, RISE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY AS TO THIS SITE, RISE CONTENT, OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO RISE OR VIA THIS SITE, ALL OF WHICH ARE HEREBY DISCLAIMED (INCLUDING THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. RISE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES AND OTHER FORMS OF MALWARE. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RISE DOES NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND RISE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE.

10.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL RISE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THIS SITE; (B) THE RISE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RISE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THIS SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THIS SITE'S OPERATION; OR (G) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF RISE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS SITE). IN NO EVENT WILL RISE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL RISE' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF RISE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SO INSUFFICIENT THAT THEY MIGHT ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY RISE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY RISE.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11.

Use of Information; Feedback

We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner, consistent with our Privacy Policy. It is Rise's policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Rise does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you give your consent that Rise is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including developing and marketing products and services, without any liability or payment of any kind to you.

12.

Privacy Policy

Please review our Privacy Policy for information regarding information we collect.

13.

Links to Other Web Sites

This Site contains links to other websites. We are not responsible for the content, accuracy, or opinions express, in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party Sites, you do so at your own risk.

14.

Information and Press Releases

This Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

15.

Territorial Restrictions

The information provided within this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rise to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of this Site or any portion of this Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that Rise provides.

16.

Miscellaneous

These terms shall be treated as though they were originated in New York, New York, USA and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to this Site (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in these terms shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these terms shall be brought solely in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of these terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. As used herein, the term "including" means "including without limitation". Section headings are included for reference and convenience purposes only and shall not be used in interpreting these terms. To the extent that anything in or associated with the public areas of this Site may be in conflict or inconsistent with these terms, these terms shall take precedence. Our failure to enforce any provision of these terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.