Rise Website and Application Terms of Use

Last Updated September 6, 2023

These Terms of Use apply to Rise application and related sites and applications (collectively, the “App”). This App is owned and operated by Rise Health, LLC and its affiliates (“Rise”, “we”, “us” or “our”),. You should read these Terms of Use carefully. Your access to and use of this App are governed by these Terms of Use, which are a legally binding contract between you and Rise. In addition, when using a particular service and/or accessing certain materials on or through this App, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

By using the App, you agree to be bound by THESE TERMS OF USE AND OUR Privacy Policy. If you do not agree with any of theSE terms, please do not DOWNLOAD OR use the App OR PROVIDE US WITH YOUR INFORMATION.

Amendments to Terms of Use

Rise reserves the right to change these Terms of Use, our Privacy Policy, and any of its other terms, conditions and rules relating to the App at any time. Rise will notify you of such changes by posting the changes on the App. You are responsible for regularly reviewing the App and these Terms of Use regarding such changes. Continued use of the App after any such changes have been posted shall constitute your agreement to them.

Eligibility

The App is available only to individuals who are at least 13 years old.  You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Rise may, in its sole discretion, refuse to offer the App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the App is revoked in such jurisdictions.

Use of App, Materials, and Services

Through this App, Rise may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the App (collectively, “Materials”); and (b) various services, tools, software, and functionality (collectively, “Services”). Rise and its licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Use, all references to the App shall be deemed to include all Materials and Services unless otherwise expressly indicated. All rights not expressly granted by Rise to you are retained by Rise and its licensors, and you may not use the App and/or any element of the App in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the App, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The App design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the App are subject to the trademark rights of Rise, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the App; (b) modify, enhance, adapt, translate, or create derivative works of the App; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the App; (d) decompile, disassemble or reverse engineer the App; (e) reproduce or make copies of the App; (f) "frame" or "mirror" the App on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the App for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Rise' name or trademarks without our express written consent. You acknowledge that certain elements of the App are, or may in the future be, licensed to Rise by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Rise. Our trademarks cannot be used without a separate license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, 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 that appear on this App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rise.

Rise and its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the App, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the App, or any element thereof.

App Access and Registration

As a condition to using certain aspects of the App, you may be required to register with Rise and select a password and username. We strongly encourage you to create a username that excludes any personal information. You must provide Rise with accurate, complete, and updated registration information. You are responsible for the security of online access to this App, including access to any user account, and you must protect the confidentiality of your username and password. You should not share your password or username with any other person or entity other than your parent or guardian, if applicable. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact Rise immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the App that make use of your password and/or username.

User Content

This App may include user videos, forums, postings, or other interactive areas or community features, and we allow you and others to submit or contribute content and materials such as photos, videos, comments, ideas and suggestions, or other information or content via the App or otherwise (“Content”). You are solely responsible for any Content that you contribute, and you, not Rise, have full responsibility for such Content. You may see or read things that you do not like or agree with on our App. You understand that by using our App, you may be exposed to Content that you find offensive, indecent or objectionable. Content does not reflect the views of Rise, and Rise takes no responsibility and assumes no liability for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

Intellectual Property Rights. All Content is considered non-confidential and non-proprietary. Rise will not have any ownership rights in any elements of your Content; however, Rise requires certain licenses to provide the App and perform the Services. By contributing Content, you grant Rise a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize, subject to our Privacy Policy. This means that Rise and any of our affiliates may use your Content as we see fit, and that we do not owe you anything in connection with our use of your Content. You waive all rights in and to your Content in favor of us, our successors, assigns, and licensees.

Your Responsibilities. You represent and warrant that you own all rights to your Content or have the right to give Rise the rights described above and that your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You promise that your Content will comply with all applicable laws, and will not:

·        Contain any material which is defamatory, indecent, libelous, obscene, offensive, hateful, scandalous, violent, threatening, or inflammatory;

·        Promote sexually explicit or violent material;

·        Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

·        Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person;

·        Violate the legal rights (including the rights of publicity and privacy) of others or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

·        Be likely to deceive any person;

·        Promote any illegal activity, or advocate, promote, or assist any unlawful act;

·        Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any person;

·        Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or

·        Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

If you breach these guidelines or other provisions of these Terms of Use, we may take such action as we deem appropriate, including but not limited to: (a) terminating your right to use the App; (b) removing any Content; (c) disclosing your identity or other information about you to any third party who claims that your Content violates their right; and taking legal action against you (including referral to law enforcement). We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through our App, and you agree to hold us harmless from any actions we take because of such requests.

Removal of Content. We make reasonable efforts to pre-screen Content to ensure that it complies with our Terms of Use. However, we have no obligation to restrict or monitor Content in any way, and we may not be able to review all Content before it is posted on the App. We also cannot ensure prompt removal of objectionable material. If you believe any Content violates these Terms of Use or is otherwise objectionable, please contact us as detailed at the end of these Terms of Use and we will evaluate your complaint. We reserve the right, in our sole discretion, to refuse or delete any Content. Should Content be deemed illegal, Rise will cooperate with the proper authorities as necessary. If we determine, in our sole discretion, that any Content submitted by you is offensive, inappropriate, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we may edit or remove the Content or terminate your Account.

Copyright Disputes

If you believe any Content or other materials on our App infringes a copyright you own or control, you may report such infringement to us in accordance with the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) by submitting a complaint to: bwelsh@brgroup.world.

Prohibited Behaviors

Your ability to use this App depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this App and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the App. You agree not to engage in:

·        Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.

·        The unauthorized access, monitoring, collection, or use of data, systems or networks.

·        Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.

·        Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the App, including data protection and privacy laws.

Feedback

If you provide Rise with any comments, suggestions or other feedback with respect to the products, the App or any component thereof (collectively, “Feedback”), Rise, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the App, without obligation to you. Rise will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Rise resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the App.

Consent to Collection and Use of Usage Data

You agree that we may collect, use and share certain information about you and your use of the App, including but not limited to technical information about our services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the App (collectively, “Usage Data”). Rise uses Usage Data to improve its products and the App, facilitate the provision of App updates, and provide support and other service to you. Usage Data is automatically transmitted to Rise by the App. You acknowledge and agree that Rise retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. Rise may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.

Privacy

We have a policy that addresses the privacy of your personal information. Your use of our App is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our App. We reserve the right to monitor some, all, or none of the areas of this App for adherence to these Terms of Use.

No Medical Advice

This App and all Materials and Content available through on the App are for informational purposes only, and do not contain or constitute, and should not be interpreted as, medical advice or opinion. We make no representation or warranty, and expressly disclaim any representation or warranty, whether express or implied, with regard to the App. The App, its Materials and any User Content is not a substitute for the advice of a medical professional, and the information made available on or through the App should not be relied upon when making medical decisions, or to diagnose or treat a health condition. You assume full responsibility for any decision or action taken in reliance on content made available through the App and the results of the same.

Third Party Service Providers

Rise may use third party service providers to help develop and maintain this App and to provide specific services offered through this App. You agree that the terms and conditions set forth in these Terms of Use inure to the benefit of any third party service providers engaged by Rise. All references to Rise are deemed to include its agents and service providers.

Third Party Information

When you are on the App, you could be directed to other sites that are beyond Rise's control. Rise is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Rise provides such links only as a convenience to you. Rise has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this App or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory

Rise operates this App from the United States. Rise makes no representation that content and materials on this App are legal or appropriate for use outside the United States. Please keep in mind that this App may not conform with the laws of your country. If you access this App from outside the United States, you do so at your own risk. You may not use the App in violation of United States export laws and regulations.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS APP, INCLUDING ALL MATERIALS, SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS APP, IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK. BY USING THIS APP, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE RISE AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS APP IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE APP MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH RISE MAY UPDATE THIS APP, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. RISE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS APP.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL RISE, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE APP, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE APP MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. RISE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE APP, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE APP, RESULTING FROM CAUSES OUTSIDE OF RISE CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Rise, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this App, your connection to this App, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this App, including, but not limited to, costs incurred for Internet access.

Termination

Rise may terminate your access to this App at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this App or any portion of it, restrict the time the App is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this App under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this App. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Rise's rights in the App, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Rise related, in any way, to the App and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Rise to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rise in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

Additional Terms for Apple Users

In addition to all other terms contained herein, if you download our application from Apple, Inc. (“Apple”), you agree to the following:

1.      Acknowledgement. You acknowledge that these Terms of Use are concluded between you and Rise only, and not with Apple. Rise and not Apple, is solely responsible for the App and the content thereof.

2.      Usage Limitations. Your use of the App is subject to the Usage Rules set forth in the Apple App Store Terms and Conditions.

3.      Maintenance and Support. You and Rise acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the App.

4.      Failures. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rise’s sole responsibility.

5.      Third Party Claims. Rise, and not Apple, is responsible for addressing any claims made by you or a third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claims that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and Rise acknowledge that, in the event of any third party claim that the App or your possession and use of the Software infringes that third party’s intellectual property rights, Rise, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6.      Third Party Beneficiary. You understand and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof.

Developer Name and Address

This App was developed by Rise Health, LLC, with an address of 555 3 Mile Road, NW, Grand Rapids, MI 49544.

How to Contact Us

If you have any questions, complaints or claims about this App, please contact us as follows:

Rise Health, LLC

555 3 Mile Road, NW

Grand Rapids, MI 49544

Attn: Brianna Boedeker-Welsh

Email: bwelsh@brgroup.world