Terms and Conditions
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
The following terms ("Terms of Use") constitute an agreement between The Rise Journey LLC
("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the "Website"), located at https://www.risewithophr.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Pennsylvania, United States.
Your use of the Website, or purchase/use of any Products (defined below), constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.
PURCHASE POLICIES
On the Website, you may purchase products, such as a membership for the Rise with OPHR program (the “Membership” or “Products”). The Membership includes INSERT DESCRIPTION and is available on a yearly basis for the fee noted on the Website. You will have access to the Membership for as long as your account remains paid in full and neither party has terminated your access.
You represent and warrant that if you are purchasing something from Company, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund Policy
Memberships are eligible for a full refund within 7 days of purchase, provided less than X% of materials have been downloaded. To obtain a refund, please contact Company at hello@risewithophr.com within 7 days of purchase. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password ("User Account"). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at hello@risewithophr.com. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to Company is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion.
Company may disable your username and password at its sole discretion, refuse to register a user for the Products or use of the Website, remove, or edit any content contributed to the Website or Products or cancel any User Account. Company may, without notice, refuse access to its Website or Products, in whole or part, to any person that fails to comply with these Terms of Use.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
TERMINATION.
The Company reserves the right, in its sole discretion, to terminate your access to any Products, if you violate these Terms of Use, or for any other reason. If Company terminates your access to any Product for your breach of the Terms of Use, you will not be eligible for a refund of any amounts of paid. If Company terminates for any other purpose, Company may issue a refund, in Company’s sole discretion. If you terminate the Terms of Use or fail to attend or utilize any Product, you will not receive a refund for any amounts paid except as set forth herein.
COMPANY INTELLECTUAL PROPERTY
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to hello@risewithophr.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
By accessing and viewing the Products, you agree that you will not create any electronic information product that utilizes the information gained through the Products whether or not that information was available through other means.
Certain of the names, logos, and other materials displayed in the Products or Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
RISE WITH OPHR and THE RISE JOURNEY are trademarks of Company and are protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company, Website, the Products, or any experts featured therein.
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website and in the Products has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website or Products. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or Products. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or Products.
BUSINESS COACHING AND CONSULTING DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website or in the Products has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website or in the Products. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website or in the Products. Everything provided on the Website or in the Products is for informational purposes only.
LEGAL INFORMATION DISCLAIMER
From time to time, the Website or Products may discuss legal topics. This information is not advice and should not be treated as legal advice. The legal information on the Website and Products is provided for informational purposes only. The legal information provided on the Website and in the Products is provided "as is" without any representations or warranties, express or implied.
You must not rely on the legal information on the Website or in the Products as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Website or in the Products. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information provided on the Website or in the Products.
YOUR RESPONSIBILITY
The Website and Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and in the Products. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website or in the Products.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
Republication of content from the Website or Products, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Website or Products;
Reproduction or duplication of any content on the Website or in the Products for commercial purposes;
Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution.
Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company's express written permission.
You must not use the Website or Products to transmit or send any unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without Company's express written permission.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company's servers; or, (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website or Products and is not responsible for such content.
COMMENT POLICY
The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or Company;
spam;
hate speech;
defamatory to Company or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
Company reserves the right to report to the appropriate authority any post, comment, message or participant in the Products that Company deems, in its sole discretion, may implicate the safety of either a participant or a third-party. Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
CONFIDENTIALITY
Company respects your privacy and insists you agree to respect the privacy of Company and all other participants in any Product. Any confidential information (“Confidential Information”) shared by participants, or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the Products, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other participants during any Product. Confidential Information includes, but is not limited to, information disclosed in connection with this Program and the Terms of Use, and information related to Company or a participant and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Program or the Terms of Use. By purchasing this Program, you agree that if you violate or display any likelihood of violating these Terms of Use the Company and/or the other participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Company reserves the right to report to the appropriate authority any post, comment, message or participant in the Products or Website that Company deems, in its sole discretion, may implicate the safety of either a participant or a third-party. Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
All posts in the Products are confidential and may not be shared by any member outside of the Products. You acknowledge, however, that the Products may be joined by any member of the public, and so confidentiality cannot be guaranteed. Please do not post any information that you do not want shared.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.
TAKEDOWN REQUESTS
From time to time, the Website or Products will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to hello@risewithophr.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Company an email, register to use the Website or Products or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Website and Products may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or Products, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s Products or services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, Products, or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or Products, you expressly hold Company harmless from any and all liability in any dispute.
CHILDREN'S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at hello@risewithophr.com and we will use our best efforts to promptly remove such information from our records.
NO WARRANTIES
The Website and Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein.
Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the state of Pennsylvania without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Website, Products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Montgomery County, Pennsylvania. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, Products or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the Terms of Use must be in writing and may be via email to
hello@risewithophr.com for Company and to your email address.
Last updated: November 21, 2022.