RISE BY DESIGN TERMS & CONDITIONS
TERMS AND CONDITIONS
Please read these Terms of Use carefully before purchasing, accessing, or using any of our Programs, Products, and Services.
BY VISITING RISEBYDESIGN.CO, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
By using RISE BY DESIGN, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to the operator of the site, KELLEY GREEN MEDIA, LLC (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
SITE USE
Information provided on the Site and related to our service of Social Media Consulting (the “Service”) is subject to change. Kelley Green Media, LLC, makes no representation or warranty that the information provided is accurate. Company
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Kelley Green Media, LLC will always be accurate, correct, and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
Terms of Use: Our Programs, Products, and Services are owned and operated by Kelley Green Media, LLC (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
We reserve the right to change these Terms and Conditions at any time. If you do not agree with these Terms and Conditions, please do not use our website or purchase from RISE BY DESIGN.
By purchasing or using any of our Programs, Trainings, Masterclasses, Courses, Products, Websites or Services ("Material"), you agree to abide by these Terms of Use, Private Policy, Disclaimer, and any other Terms and Conditions that may apply.
Kelley Green Johnson has not and cannot provide any guarantees on the results or earnings of the Rise by Design Programs, Readings, Classes, Masterminds, Courses, Coaching, and other offers. It is important to understand that Rise by Design has not made any promises or implications regarding any specific outcomes.
All users of our material must be at least 18 years old.
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Kelley Green Media, LLC, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the RISE BY DESIGN name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of Kelley Green Media, LLC.
Purchases and Payment Plans: If paying by debit card, credit card, PayPal, Stripe, Google Pay, or any other of our payment forms, you give us permission to automatically charge your method of payment for your purchased Program, Product, or Service without any additional authorization, for which you will receive an electronic receipt via email. If you require a change in your Payment Plan, you will incur a $10 USD admin fee.
Your payment will be charged on a recurring basis according to the terms that you have agreed to pay. If your payment fails on the date that it is due, we will attempt to re-process your payment without notice.
In the event that payment is not received by the date due, the Program, Product or Services will not continue to be distributed and we reserve the right to cease your access immediately and permanently.
In the event of failed payments for 1:1 offers, a monthly interest equal to 7% of the owing balance will be added.
If you fail to make your payment for any reason, you remain fully responsible for the full cost of the Programs, Courses, Classes, Products, or Services.
All information obtained during your purchase or transaction for our Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
Termination: We reserve the right to terminate your participation in any of our Programs, Products, and Services at any time. If payments are late or not fulfilled your access to the Program will be revoked until payments are fulfilled.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Refund Policy: Due to the nature of our Programs, Products, and Services, Rise by Design offers refunds only within the first 24 hours from the time of purchase. Anything beyond 24 hours is non-refundable. By purchasing any of our offers, you understand and agree that all sales are final and no refunds will be provided to you for any reason after 24 hours. Should you decide to terminate your participation in any of our Programs, Products and Services, you are obligated to pay as agreed at the time of purchase.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTIES
The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities, and settlements, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of DELAWARE, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be DELAWARE and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
MISCELLANEOUS
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
CHILDREN
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: OCTOBER 2019