PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE. BY USING THIS SITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS SITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The information contained in this Site is solely for use by residents of the United States, its territories, possessions and protectorates. If you access this Site from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
TERMS AND CONDITIONS OF USE
Updated March 12, 2008
These Terms and Conditions of Use (these "Terms") apply to the following website (identified here throughout as "Site"): www.RISE08.org. This Site is owned, operated, licensed or controlled by RISE.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using a Site, you, the user: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site. RISE may change these Terms at any time by posting the change to the Site. Please check these Terms periodically for changes. Your access or use of this Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the beginning of these Terms.
2. Intellectual Property Infringement Claims. RISE will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on this Site, or are the agent of the copyright owner, and believe the Site violates your intellectual property rights, please provide RISE with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow RISE to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the specific Site, and location on that Site, of the work that you believe infringes the copyright owner's work and that you are asking RISE to remove from the Site; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that RISE's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), RISE will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works. Send Copyright Notices to RISE at:
RISE
c/o Alan Garcia
2027 NW 47th Avenue
Camas, WA 98607
Telephone: (360) 921-6887
Fax: (503) 922-6850
email: contact@rise08.org
Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to the address above. Send all other questions and comments to contact@RISE08.org.
3. Security Rules. You agree not to violate or attempt to violate the security of this Site, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Use of Materials. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials") are provided as a service by RISE.
5. Your Participation in and Postings on Forums.
5.1 Discussion Groups and Social Networking Services. "Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by the Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section 5.
5.2 Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
5.3 Transmissions. You will own all messages, material, information and ideas you transmit to or post on the Site (each, a "Transmission"), including without limitation on any Forum; however, you grant (or warrant that the owner of the rights to the Transmissions has expressly granted) to RISE a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and RISE may use or disclose those Transmissions for any purpose, and you warrant that all "moral rights" in those Transmissions have been waived. RISE will treat Transmissions as non-confidential and non-proprietary; however, RISE will handle all personal data provided to RISE in the manner provided in RISE's Privacy Policy. By sending any Transmission to the Site, you agree that:
(a) the Transmission does not: (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law;
(b) you will not: (i) use the Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to the Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; or (v) post a link to any website that contains or does any of the prohibited actions described in subsection 5.3(a) above or this subsection 5.3(b); and
(c) you will not impersonate another person.
5.4 Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
5.5 Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. RISE does not represent or warrant the reliability, accuracy or truthfulness of that content. Although RISE is not obligated to do so, it may monitor Transmissions posted on the Forums. Because RISE does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at contact@RISE08.org.
6. Nature of Information Provided by RISE. The information contained on the Site has been collected and/or prepared by RISE as a service to its visitors. While RISE has used reasonable efforts to verify that the information on the Site is useful to its visitors, RISE does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications RISE sends you concerning your participation in any Forum or any related matters.
7. Directory and Linking Disclaimers and Warning. The Site may include links to websites owned and operated by others ("Third Party Websites"). The directory listings and Third Party Websites are generally created and owned by other parties, and are the responsibility of those persons and not of RISE. Consequently, RISE cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any directory listings or Third Party Websites. Although RISE may periodically attempt to verify the accuracy of directory listings and Third Party Websites, RISE will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories included in the Site and in any Third Party Websites. You bear all risk associated with the information in the Site, including all directory listings and Third Party Websites, and your use of any such information is subject in all respects to these Terms. RISE reserves the right to terminate any links to other websites without notice.
8. Limitation of Liability; Release and Indemnity. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL RISE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE SITE, THE MATERIALS, FORUMS OR THE TRANSMISSIONS; INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, EVEN IF RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST RISE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RISE FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM YOUR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS OR FAILURE TO ABIDE BY APPLICABLE LAW.
9. Privacy. It is RISE's policy to respect the privacy of all visitors to the Site. For more information about RISE's Privacy Policy, please refer to our Privacy Policy.
10. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Site will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
11. Jurisdiction. The Sites are controlled and operated from RISE's office within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Sites, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
12. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
13. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
14. Entire Agreement. This is the entire agreement between you and RISE relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of RISE.
15. Other Terms and Conditions. These Terms apply to all uses of the Site unless you and RISE have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
16. Notices, Questions, Communications. If you wish to contact RISE, please direct all inquiries (except for claims of copyright infringement) to contact@RISE08.org or telephone Alan Garcia at 1-xxx-xxx-xxxx. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.