The Agreement is a legal contract between you—an individual user of at least 18 years of age or a single entity (“you”)—and CEO Rise regarding your access, registration, and participation on the Website and your access, registration, and participation in the Services.
If you do not agree to the Terms, DO NOT USE the Website or the Services.
1. Description of Services.
CEO Rise Websites are intended to be a place for people interested in taking concrete, positive action to grow their business. These Services may change occasionally, and CEO Rise cannot and does not guarantee that any Services will be uninterrupted, secure, or error-free. CEO Rise reserves the right to terminate any of its Services at any time, with or without notice to you.
You understand that CEO Rise makes no medical claims for trainings, audio programs, video programs, on-line courses or any materials on its sites. You understand that CEO Rise does not and will not treat, diagnose, cure, or advise regarding any physical, mental, emotional, or addictive conditions, and that CEO Rise does not provide therapy or counseling of any kind. You understand that you should consult with a medical or psychological practitioner if you have medical questions and/or before making any changes in therapy, counseling, or other treatment regimens.
You understand that CEO Rise makes no accounting, tax, or legal claims for trainings, audio programs, video programs, on-line courses or any materials on its sites. You understand that you should consult with a qualified professional if you have questions on these topics specific regarding your own circumstances and/or before acting in these areas.
You agree to assume all risks and accept all responsibility for any harm associated with the Content or use of the Content on any CEO Rise Website and in any of CEO Rise’s trainings, audio programs, video programs, in-person programs, on-line courses or materials.
3. Your Content.
Some of our programs allow posts and comments and/or are video- or audio-recorded. You understand that all information, data, text, software, messages or other materials you view or obtain in CEO Rise Websites or while viewing or using the content is the sole responsibility of the person from which such content originated. CEO Rise is not responsible for any content you upload, post, e-mail, transmit or otherwise provide on any CEO Rise Websites or in its programs.
You agree that CEO Rise shall not be liable for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of any content posted or otherwise made available via the Services.
You acknowledge and agree that CEO Rise shall have the right in its sole discretion to edit, refuse or remove any content that violates the Terms or is otherwise objectionable. As a CEO Rise participant, member or visitor you may be permitted or invited to submit content to the sites, including videos, testimonials and other user comments.
You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the sites subject to the Terms. You affirm, represent, and warrant you own or have the licenses, rights, consents, and permissions to publish content you submit; and you license to CEO Rise all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the sites under these Terms.
By submitting content to CEO Rise, you grant CEO Rise a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and CEO Rise’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the sites and the services distributed by these sites (and derivative works thereof) in any media formats and through any media channels. You also grant each user of a Service a non-exclusive license to access your content through the Website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the site and under these Terms.
You understand that CEO Rise may record your content, including when it video- and/or audio-records the Services. The subsequent use of any such recordings will be limited to (a) CEO Rise’s training purposes and (b) viewing by current and future CEO Rise Services’ participants. In addition, you understand that CEO Rise may repost your content provided that CEO Rise removes any personal identifying information (unless you have granted permission otherwise) for marketing.
You agree that Content you submit to the sites will not contain third-party copyrighted material, or material subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you otherwise legally may post the material and to grant CEO Rise the license rights granted herein.
You agree that you will not submit to the Website any Content or other material contrary to local, national, and international laws and regulations.
CEO Rise does not endorse any Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CEO Rise expressly disclaims any and all liability in connection with Content. CEO Rise does not permit copyright infringing activities and infringement of intellectual property rights on the Websites, and CEO Rise will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. CEO Rise reserves the right to remove Content without prior notice.
4. Your Conduct.
You agree not to use the Services to do the following:
a. upload, post or otherwise provide any content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, pornographic or otherwise objectionable;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity, including CEO Rise;
c. upload, post or otherwise provide any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of anyone;
d. upload, post, or otherwise provide any content consisting of or including unsolicited advertising, promotional materials, “spam” or any other form of solicitation;
e. upload, post or otherwise provide any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
5. Mutual Non-disparagement
You and CEO Rise covenant and agree that in no event, and at no time during the term of the Services or at any time thereafter, shall either of us disparage, denigrate, slander, libel or otherwise defame the other or the other’s businesses, services, properties or assets, or family, employees, personnel, agents, or representatives.
6. Links to Third-party Websites; Referrals to Third Parties.
CEO Rise Websites may contain links to third-party websites, provided either by CEO Rise or by users of the site. Linking does not constitute an endorsement of any linked website. Links are provided solely for your convenience and information. You acknowledge that CEO Rise has no control over third-party websites. As such, you agree that CEO Rise is not responsible for the availability of such third-party websites and resources, and is not responsible for any content, products, advertising or other materials on or available from such third-party websites.
CEO Rise may suggest referrals to third parties, including but not limited to businesses, programs, persons, and/or services. Referrals are provided solely for your convenience and information. You acknowledge that CEO Rise has no control over any third party. You agree that CEO Rise is not responsible for the actions or omissions of such third parties and is not responsible for any content, products, services or other materials provided by such third parties.
You agree that your use of our Service(s) is solely at your own risk. You agree that all of our Services are provided on an “as is,” and “as available” basis.
We expressly disclaim all conditions, warranties and representations of any kind, whether express or implied, including but not limited to the implied conditions and warranties of merchantable quality, fitness for a particular purpose and non-infringement. We make no warranty or representation that our Service(s) will meet your requirements or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our Service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty or representation regarding any goods or Services purchased or obtained through the Website or any transactions entered into through the Website or such Services. No advice or information, whether oral or written, obtained by you from us will create any condition or warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
8. Limitation of Liability.
To the extent permitted by law, CEO Rise and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the CEO Rise Services or for the cost of procurement of substitute Services.
We disclaim any and all loss or liability resulting from, but not limited to: (1) your use of the Services, (2) your inability to use the Services, including but not limited to the unavailability of any part of the site or any technical problems with any site, (3) any statements or conduct of third persons using the Services, or (4) any other matter relating to the Website, (5) any third-party claims arising from or based on your use of our Services; (6) access delays or access interruptions; (7) data non-delivery or data mis-delivery; (8) acts of God; (9) the unauthorized use or misuse of your account name or password; (10) errors, omissions, or misstatements in any Content and/or Service(s); (11) the deletion of or failure to store data of any kind; (12) the development or interruption of your website; (13) our processing of your registration for our Services, our processing of any authorized modification to your record or your agent’s failure to pay any fees, our fees or re-registration fees; or (14) security breaches that may compromise your personal information and credit card information.
You agree that our maximum liability, and your exclusive remedy, relating to any CEO Rise Website, Content and/or Service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such Service(s).
9. Fees & Payment.
As consideration for the Services you have selected, you agree to pay CEO Rise the applicable fees set forth on the Website at the time of your selection. You agree to keep your credit card information accurate and current with CEO Rise. Your total fee or first payment (if you selected a payment plan) is due and payable at registration. All fees are subject to the CEO Rise refund policy. CEO Rise may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorneys’ fees) incurred by CEO Rise to collect such fees. If non-payment, reversal of payment, or a charge-back by a credit card company or other payment provider occurs, we may, in our sole discretion, suspend or terminate your account, in addition to any other remedies CEO Rise may have.
10. Refund Policy.
Unless otherwise stated, all Services purchased are non-refundable.
If CEO Rise terminates its Service(s) to you for any reason other than your breach or suspected breach of the Agreement, then your sole remedy will be to request a refund of the prorated portion paid to CEO Rise for Services not completed, if any.
You agree to hold CEO Rise and its officers, agents and employees harmless from any claim or demand made by any third party due to or arising out of content submitted, posted, transmitted or provided via the Services.
You also agree to release, indemnify, and hold CEO Rise, our partners, contractors, agents, employees, officers, directors, members, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from the CEO Rise Services provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you about your promise to indemnify us; your failure to provide those assurances may be considered by us a material breach of this Agreement. In addition, if we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the CEO Rise Services provided, then you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action, including without limitation all attorneys’ fees and expenses incurred by us regarding such response.
12. Rights Reserved by CEO Rise.
The Website and the software necessary to implement the Website contain proprietary and confidential information protected by law. You agree not to copy, modify, sell, distribute or create any derivative works based on any of the Services, Content or software necessary to implement the Services, in whole or in part.
You further understand and agree that CEO Rise reserves all rights, including copyright, in all materials included in any format as part of the Website or any Service provided within the Website, including the worldwide rights of distribution on any existing media, including videotape, print, or electronic formats, or any media developed in the future. You acknowledge that all materials and presentations are proprietary and are protected by copyright, and cannot be reproduced, copied, or otherwise duplicated or presented to others without the express written authorization of CEO Rise. You acknowledge that you may not create any derivative works based on any of the CEO Rise content on any of the Websites.
13. Severability and Waiver.
Should one or more provisions of this Agreement be determined to be illegal, invalid or unenforceable, such provision or provisions shall be modified to the minimum extent necessary to make it or its application valid and enforceable. If modification of such provision or provisions cannot cure such illegality, invalidity, or unenforceability, the provision or provisions in question shall be severed and the remaining provisions shall be interpreted and, if necessary, modified so it provides for the maximum enforceability and validity of the entire remaining Terms.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CEO Rise’s failure to assert any right or provision under the Agreement shall not construe a waiver of such right or provision in the future.
14. Choice-of-Law; Dispute Resolution.
This Agreement shall be interpreted, enforced and governed by the laws of the State of New York, without regard to choice-of-law provisions. If a dispute or claim arises relating to or arising from this Agreement, you and we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York, New York. Any costs and fees except for your and our attorneys’ fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, you and we agree to submit the dispute to binding arbitration at the following location: New York, New York, using the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered in the arbitration may be entered in any court within New York.
15. Term of Service: Continuity Programs.
For CEO Rise programs that involve paid membership, said membership is for the selected term.
16. Third-Party Information.
You represent and warrant you have provided notice to, and obtained consent from, any third-party individuals whose personal data you supply to us as part of our Services regarding: (a) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent regarding any third-party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
17. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms of this Agreement and/or change the Services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the Service(s) is posted on the CEO Rise Website. You agree to periodically review our Website, including the current version of this Agreement available on our Website, so that you are aware of any such revisions.
If you do not agree with any revision to the Agreement or change to the Services, you may terminate this Agreement. Any fees paid by you before termination of your Agreement with us are nonrefundable, but you will incur no additional fees. By continuing to use our Services ten (10) calendar days after any revision to this Agreement or change in Service(s) is posted on our Website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation about this Agreement or our Services made by: (a) any agent, representative or employee of any third party you may use to apply for our Services; or (ii) information posted on our Website of a general informational nature. No employee, contractor, agent or representative of CEO Rise or any partner of CEO Rise may alter or amend the terms of this Agreement.
18. Modifications to Your Account.
To change any of your account information with us, you must use your account name and the password you selected when you create your CEO Rise account. Please safeguard this information from any unauthorized use. We will not be liable for the unauthorized use or misuse of your account name or password.
19. Notices and Announcements.
You authorize us to notify you as our customer of information we deem potentially interests you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and Services or other information pertaining to Services and/or other relevant matters.
20. Contact by CEO Rise.
You acknowledge that CEO Rise may occasionally contact you with special offers, services or promotions by phone, fax, email, SMS text message, social media or post mail or associated third parties as determined by CEO Rise
And you acknowledge that CEO Rise may contact you for feedback for any Website Services to ensure customer satisfaction is being delivered and to offer additional Services, including, but not limited to coaching.
You agree that your failure to abide by any term of this Agreement or any CEO Rise operating rule or policy may be considered by us a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the Services and/or terminate your account without further notice to you. We will refund no fees paid by you before such cancellation or termination due to your breach. Any such breach by you will not be deemed excused simply because we did not act earlier in response to that, or any other breach, by you.
22. Termination of Account and/or Services.
We may terminate your account, disable your access to the Website and/or terminate your Services without cause or notice. Such termination may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
23. Representations and Warranties.
You represent and warrant that: (i) the information you or your agent on your behalf provide to us during the registration for CEO Rise Service(s) is, accurate and complete, and that any future changes to this information will be provided to us promptly; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.
You release CEO Rise, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our Services.
25. No joint venture, etc.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CEO Rise because of this Agreement, using the Website and/or using the Services.
Your rights under this Agreement are not assignable and not transferable, but may be assigned by CEO Rise without restriction. Any attempt by you to assign or transfer your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.
27. Headings Not Binding.
The use of headings in this Agreement are for ease of reference only. Headings shall have no effect and are not considered part of or a term of this Agreement.