Terms of Service
Last Updated: August 26th, 2020
RISE Talent, LLC
Terms of Service
Welcome to RISE Talent.com. Please read these Terms of Service carefully before using the services offered by RISE Talent (“RISE Talent”, “us”, “we”).
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST RISE TALENT TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RISE TALENT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services
General Agreement between RISE Talent and You
1. RISE Talent may make changes to this Agreement from time to time without specifically notifying you. RISE Talent will post the latest Agreement on the Site, but it is up to you to review it before using the Services. If you continue to use the Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement. If you do not accept updated versions of the Services, RISE Talent shall not bear any responsibility or liability for your decision.
2. In addition, some services offered through the Services may be subject to additional terms and conditions specified by RISE Talent from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Some portions of the Services rely on Third Party Services
1. You acknowledge that the Services interoperate with several third-party sites and services, including not limited to ZOOM, YouTube and other third party-services (collectively, the “Third Party Services”), and that some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to RISE Talent, RISE Talent may cease to provide such features to you without entitling you to refund, credit, or other compensation.
2. In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service.
Purchasing Merchandise, Classes/Events
1. You understand that RISE Talent does not store payment and/or credit card information from you and that all payments are facilitated separately by the Third Party Services.
2. You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any purchase made on the Store, Site, App or DDP Platform (“Transaction”), is transmitted directly to a Third Party Service, which processes, stores, and otherwise uses such information in order to facilitate payments.
3. You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with the Third Party Service at all times and that you are fully authorized to use such credit card and payment information and Third Party Service for purposes of paying for any Transaction.
4. You agree that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
5. Classes can be purchased on the Site (“Class/Event”). You understand that you are responsible for the accuracy and completeness of the information provided through the portal.
6. By purchasing a Class, or by otherwise completing a Transaction, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
7. Rise Talent has the right to end or modify any promotion related to the purchase of a Class/Event or Merchandise at any time at its sole discretion.
1. You understand that you will not receive a refund for any cancelled Virtual Class. If your class is cancelled within 12 hours of the scheduled day and time, your purchase will be credited to another class of your choice.
2. You understand that all purchases are final sale and will not be refunded.
3. You acknowledge and understand that participation in a Class may expose you to many inherent risks, including accidents, injury, illness, or even death. By participating in a Class, you assume all risk of injuries associated with such participation, including, but not limited to, falls, contact with other participants and equipment, and all other such risks, all being known and appreciated by you.
6. By participating in a Class, you acknowledge that you are physically fit and mentally capable of performing each physical activity that you choose to participate in.
7. In consideration of acceptance of your participation in a Class, you agree, for yourself and anyone entitled to act on your behalf, to HOLD HARMLESS, WAIVE AND RELEASE RISE TALENT, its directors, officers, agents, employees, contractors, choreographers, cast, successors and assigns from any responsibility, liabilities, demands or claims of any kind, whether in law or equity, which arise or which may hereafter arise out of my participation in a Class, whether caused by the negligence of RISE TALENT or its directors, officers, agents, employees, contractors, choreographers, cast, successors, assigns, or otherwise.
We will do our best to keep the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.
1. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
2. You will not harvest or scrape any content or materials from the Services.
3. You will not knowingly transmit false or misleading information through the Services.
4. You will not use the Services in any manner that: infringes (or results in the infringement of) RISE Talent or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause RISE Talent to be in violation of any law or regulation, or to infringe any right of any third party.
5. You will not publish falsehoods or misrepresentations that may damage RISE Talent or any third party.
We are not responsible for third party sites and content
1. You understand the Services may contain (or you may receive from RISE Talent or third parties) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
2. You understand and agree that RISE Talent is not responsible for, and does not control, Third Party Services, Third Party Sites and Third Party Content. You also understand and agree that RISE Talent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Services, Third Party Sites and Third Party Content.
3. You acknowledge and agree that RISE Talent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Services, Third Party Site or Third Party Content.
The copyright to all content the on the Services is owned by the provider of that content.
1. All content and data related to the Services are the property of RISE Talent and are protected under applicable copyright law, trademark law and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services, except as otherwise set forth herein or the terms of an applicable written agreement between us.
RISE Talent liability is limited
1. RISE Talent is not responsible for any Third Party Services, Third Party Sites, Third Party Content, or any other content posted on the Services, whether caused by RISE Talent, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
2. RISE Talent assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of communications.
3. RISE Talent is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Services, including injury or damage to any other person’s computer and/or mobile device.
4. RISE Talent is not responsible for any failures, defects or delays in delivery caused by your provision of incorrect information, your failure to comply with instructions for use of the Services; or an event which is outside of RISE Talent reasonable control.
5. Neither RISE Talent nor any of its affiliates, advertisers, promoters or distribution partners, contractors, choreographers, cast, shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, whether online or offline.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND RISE TALENT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN AND RISE TALENT FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVERS, NETWORKS, AND OTHER SYSTEMS THAT MAKE THE SITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, AND OTHER SERVICES. RISE TALENT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE RISE TALENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL RISE TALENT OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS CONTRACTORS, CHOREOGRAPHERS, CAST, HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. RISE TALENT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify RISE TALENT
You agree to indemnify, defend, and hold harmless RISE Talent, its contractors, choreographers, cast, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Services, including but not limited to any injuries or damages to personal property; (2) your violation of any law or the rights of any third party, or (3) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New Jersey law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, in Ocean County, for the resolution of any such dispute.
Your general representation and warranty
1. You and RISE Talent agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RISE TALENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. You agree any arbitration shall take place in the State of New Jersey and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. RISE Talent may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Last updated: April 27, 2020
RISE TALENT, LLC
VIRTUAL CLASS TERMS
By purchasing a RISE Talent virtual class (the “VIRTUAL Platform”), you agree to the following terms and conditions (“Class/Series Terms”), which supplement and form a part of the RISE TALENT (“Terms of Service”). Capitalized terms not defined here have the meaning given to them in the Terms of Service.
1. During the term of your class, you will have access to all of RISE Talent’s available classes, content, and features on the Virtual Platform, subject to any restrictions applicable to the type of class you have purchased.
2. The classes and use of the Virtual Platform is offered to you for your personal and non-commercial use only, and not for the benefit of any third party.
1. To purchase a class or series, you must visit the given registration links provided on RISE Talent site. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.
1. When you first purchase a class or series, you will agree to a specific price and or donation (as applicable, the “Class/Series”).
2. You will be asked to provide a payment method, such as a credit, charge or debit card number (“Payment Method”), that we accept in order to approve your purchase. You represent and warrant that you have the legal right to use all Payment Methods that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies that act as billing agents for us.
4. All classes/series payments are non-refundable (as defined below), except where required by law.
5. You hereby authorize us to charge your specified Payment Method in advance with respect to all sums described herein, or any portion thereof, to your Payment Method until such amounts are paid in full.
6. You acknowledge and agree that RISE Talent will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your Payment Method in accordance with these payment Terms.
7. You agree to pay us, through our payment processors, all charges at the prices then in effect for your class/series in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
8. If you believe you have been billed in error for a class/series, please notify us within 60 days of the billing date by emailing us at info@RISETalentTour.com. RISE Talent will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
You may not, for any reason whatsoever:
1. Copy, redistribute, reproduce, “rip,” record, sell, decompile, reverse engineer, disassemble, transfer, perform or display to the public, broadcast, or making available to the public any part of the Virtual Platform, or otherwise making any use of the Virtual Platform which is not expressly permitted under the Terms of Service, these class/series, or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Virtual Platform or any part of it;
2. Take any measures to interfere with or damage the Virtual Platform;
3. Attempt to access, scrape or search the Virtual Platform or download any content from the Virtual Platform, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like);
4. Use of the Virtual Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these class/series Terms or permitted expressly in writing by RISE Talent;
5. Alter, replicate, store, distribute or create derivatives from the content available on the Virtual Platform, except as expressly permitted in writing by RISE Talent;
6. Violate any applicable law, rule, or regulation in connection with your use of the Virtual Platform; or
7. Encourage or enable any other individual to do any of the foregoing.
1. You agree that RISE Talent, its directors, officers, agents, employees, contractors, choreographers, cast, successors and assigns from any responsibility, liabilities, is not responsible or liable for any loss, damage, or injury of any kind directly or indirectly incurred arising out of your use of the Virtual Platform, including but not limited to property damage, personal injury, or death.
2. To the extent that a third party may have access to or view content through your class/series registration, you are solely responsible for informing such party of all disclaimers and warnings in these Membership Terms and the Terms of Service.
3. RISE Talent will make reasonable efforts to keep the Virtual Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. RISE Talent reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Virtual Platform, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Virtual Platform or any function or feature thereof. You understand and agree that RISE Talent will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Virtual Platform, or to provide all or any specific content through the Virtual Platform. RISE Talent may, from time to time, remove any such content from the Virtual Platform without notice.
4. These Membership Terms are governed by the laws of the State of New Jersey, without regard to principles of conflicts of law. You expressly agree that any such dispute arising from these Class/Series Terms are governed by the arbitration terms set forth in the Terms of Service.