You also agree that you will not (g) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (h) access, acquire, copy, monitor or circumvent any portion of our Site, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Sites. We reserve the right to bar any such activity or use in our discretion.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property, privacy, or other proprietary rights. By uploading, sending, posting or otherwise providing any information or material, you grant Rise Vision an unrestricted, irrevocable, worldwide, non-exclusive license to reproduce, display, perform, modify, transmit, distribute, or use it in Rise Vision’s sole discretion. You agree that Rise Vision is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including to create derivative works.
Third Party Sites and Information
Our Site may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that Rise Vision is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.
Upon a request by us, you agree to defend, indemnify, and hold Rise Vision and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or its Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The entire content of the Site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to Rise Vision.
The Site and the Content, except for that in the public domain, is protected from unauthorized copying and dissemination by Canadian and United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Rise Vision or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Rise Vision will grant you permission to use portions of the Site, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or the Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except permitted or consented by these Terms.
Digital Millennium Copyright Act Notice
Rise Vision respects the intellectual property rights of others and expects users of the Site and our Services to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site infringes your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
- A description of the copyrighted work that you believe has been infringed
- The location on the Sites of this allegedly infringing material
- Your address, telephone number and email address and any other pertinent information sufficient to allow Rise Vision to contact you
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
Notices of claimed copyright infringement should be directed to:
By mail: Rise Vision 10000 Marshall Drive Lenexa, KS 66215
By email: email@example.com
(Please include “Notice of Infringement” in the subject line.)
THIS SITE AND THE SITE CONTENT IS FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR THE SITE CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THE SITE CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE SITE CONTENT.
The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RISE VISION, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above. Claims related to the terms, conditions and warranties of actual purchased goods and services are not subject to this limitation.
You will indemnify, defend, and hold us and our officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, suits, prosecutions and other proceedings brought by or on behalf of any person not a party to this Agreement (collectively “Claims”), and will pay all resulting damages, liabilities, penalties, judgments, settlements, expenses (including reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or relating to any third party claim concerning: (a) your use of the Site or our Services; (b) your breach of these Terms or our Service Agreement; (c) or your violation of applicable law; and (d) any claim involving alleged infringement or misappropriation of third-party rights by you and/or your Content. If we are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, and for our time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
The law of Ontario, Canada will apply to all matters and disputes arising out of your use of this Site or our Services, without regard to its conflicts of laws principles.
Dispute Resolution. If you have a problem with our Site or our Services, you agree first to notify us (firstname.lastname@example.org) so that we can try to resolve the problem. If, after 14 calendar days, we have not come to a mutual resolution, you agree to submit to binding arbitration, to be conducted by a mutually-agreed Arbitrator, in Toronto, at your expense. The arbitration will be governed by the Ontario Arbitration Act 1991 or International Arbitration Act, as applicable. Each of us will choose one arbitrator and they will choose a third arbitrator. If you win, we will pay the arbitration expenses and your reasonable attorney’s fees. If we win, you agree to do the same for us. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
Last modified: May 8, 2019