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Terms of Use

IIMPORTANT! READ CAREFULLY

By using and / or visiting www.risemode.com (here named "Website"), you agree to the Terms of Use and Privacy Policy, and incorporates these Terms of Use as a reference. These Terms constitute a legal agreement between you and RISE, and include the terms and conditions to which you must adhere. If you do not agree to these terms, do not use the Website.

RISE reserves the right to modify these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use in order to verify if there have been any changes. Use of the Site after any change in the Terms of Service will signify the consent and acceptance of the revised terms.

In addition, RISE may, at its discretion, suspend access or refuse service at any time and without prior notice, to any part of the Website for any reason or for no reason, including without limitation breach of these Terms of Use.

1. Use of Site Content

The website is owned and operated by RISE. Brazilian copyright law and / or trademarks, as well as applicable foreign laws protect the content of this site, including texts, graphics, images, songs and videos (“Content”). This Content is owned by RISE or is licensed to RISE.

RISE grants you permission to use the website and its Content, as long as (i) its use is for personal and non-commercial purpose ; (II) you don´t sell the Content; and (iii) you don´t distribute or use the Content for commercial purposes, including the use of the Content on other websites. RISE allows you to reproduce, display, and publicly execute the content as long as always provided source is shown (RISE site).

If you violate any of these terms, your permission to use content will be automatically canceled.

2. Links to other sites

The website contains links to third party websites. These links are provided for your convenience only and not as an endorsement of RISE regarding to the content of those websites. RISE is not responsible for the content of linked third party websites and does not represent the content or materials of those websites. If you decide to access third-party sites through the links, do so at your own risk. You are responsible for taking precautions to protect yourself and your computer from viruses, worms, Trojans and other types of harmful or destructive content.

3. Contests and promotions

Unless otherwise noted, promotions are valid only in the countries where they are applicable. RISE reserves the right to modify the terms or to suspend any contest and / or promotion at any time and for any reason, including without limitation the availability of products, price problems or low demand. Prizes, discounts and special prices can be changed or replaced at any time without prior notice. Taxes on any prize are responsibility of the recipient.

4. Disclaimer of Warranties

THE CONTENT OF THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ADEQUACITY FOR A PARTICULAR PURPOSE. RISE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR WITHOUT ANY ERROR, THAT DEFECTS WILL BE CORRECTED OR THIS SITE AND THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER DANGEROUS COMPONENTS. RISE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE FROM CONTENT OF THIS WEB SITE IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA WICH RESULT FROM THE USE OF THE WEBSITE, INCLUDING DAMAGES FROM COMPUTER VIRUS. THE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE EXCLUSION EXPRESSED ABOVE MAY NOT APPLY.

5. Limitation of Liability

EITHER RISE OR ANY OTHER PARTY INVOLVED IN CREATING OR SUPPLYING THE WEBSITE MUST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL IN CONNECTION WITH ANY USE OR INABILITY TO USE THE SITE OR ANY SERVICE OR MATERIAL SUPPLIED BY THE WEBSITE.

THE ABOVE LIMITATION APPLIES REGARDLESS OF THE ACTION (IF THE CONTRACT IS BROKEN OR ANOTHER CRIME, INCLUDING NEGLIGENCE) AND EVEN IF RISE HAS BEEN ADVISED PREVIOUSLY OR MAY HAVE REASONABLY EXPECTED THIS DAMAGE OR LOSS.

THE ABOVE LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OR IN CONNECTION WITH THE USE OF THE WEB SITE OR ANY SERVICES PROVIDED BY THE WEB SITE, WITHOUT LIMITATION, INCLUDING: (I) ERRORS OR FRAUD; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS OR USE OF OUR PROTECTED SERVERS, INCLUDING INFORMATION STORED; (IV) ANY ERROR, VIRUS, TROJAN OR SIMILAR, THAT COULD BE TRANSMITTED BY THE WEBSITE.

As far as any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation may apply to the extent permissible by applicable law.

IN ANY CONTIGENCY, RISE‚S LIABILITY TO YOU IS LIMITED TO BRL $ 100.

6. Compensation

You agree to defend, indemnify and pay for any damages that RISE, its licensees, distributors, agents, representatives and all officials such as directors, owners, employees, representatives and against any claims like damages, obligations, losses , responsibilities, costs, attorneys‚ fees and expenses about (I) your use of the Website; (II) your violation of the Terms of Use; (III) your violation of third party rights, including, without limitation, copyright, trademark or privacy; And (Iv) any act made by you that causes damage to a third party.

You must cooperate as reasonably as possible to defend any claim. RISE reserves the right, on its own, to assume the defense and exclusive control of any matter linked to indemnification by you. You should not enter into any payment agreement affecting RISE‚s rights without the previous written authorization from RISE.

7. Representation of age and ability to accept the Terms of Use

You confirm that you are over 18 years old, you are an emancipated minor or have permission from parents or legal guardian, and have full capacity competence to enter in the website, respect and satisfy with the terms and obligations established in the Terms of Use.

Anyway, you affirm to be over 13 years old; this site is not suitable for children under 13 years old. If you are under 13 years old, please do not use the website.

8. Rigor

If any clause on these Terms of Use was considered invalid or inapplicable under any statute, regulation, ordinance, or jurisdiction, the clause may be considered to be retired or excluded, but only to the necessary extent to accomplish with the statute, regulation, court and the remaining clauses will remain vigor and effect.

9. Government Law

These Terms of Use will be governed by the laws of the State of California, without respect to their conflicts of law principles. Any claim or dispute between you and RISE resulting in whole or just a part from you by using the Website will be decided exclusively by a court of competent jurisdiction located in California.



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