Effective Date: May 1, 2020
The terms “we,” “us,” and “our” refer to Moms Who Rise, LLC. The term “Site” refers to Moms Who Rise, LLC, ’s website, https://momswhorise.com/, and https://riseacademy.momswhorise.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members, and any other users of the Site. This Site gives you an opportunity to browse and purchase products and services offered by Moms Who Rise, LLC.
These Terms and Conditions “Terms” govern your use of this Site, as well as Moms Who Rise’s products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact Moms Who Rise if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations, and understandings.
To access or use the Site and purchase products and services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to conferences, workshops, and events are subject to change. Moms Who Rise, LLC, makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Moms Who Rise, LLC, disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCEPTANCE OF TERMS
By accessing, downloading, or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Moms Who Rise Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us and immediately discontinue your use of the products and/or services.
All Moms Who Rise products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
- Moms Who Rise provides support, guidance, and tools for you to set goals, determine priorities, and personal development, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
- Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
- You acknowledge and agree that Moms Who Rise, its principals, are not responsible for decisions that you may make nor losses that may arise out of any personal decision made by you at any time.
REGISTERING YOUR DETAILS
Before you purchase our products and/or services, you must register an account with us. You must provide accurate, complete, and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information. We may at any time request a form of identification to verify your identity.
If you are a registered user or member to the Site, you acknowledge and agree that:
- You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
- You will immediately notify us if your Password is lost or becomes known to any other person;
- You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
- Any information you provide to us for posting or inclusion in our Moms Who Rise Inner Circle Community, at any time, becomes our property.
You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
When using our products and/or services, you may be given access to Facebook groups, other online or in-person forums (Moms Who Rise Community), or events in which you may post comments, photos, messages or other material “Your Content”. When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Moms Who Rise Community any of the following:
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates, or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events, or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
- Any material, non-public information about companies without authorization to do so.
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
By posting or otherwise publishing Your Content on our Site or Moms Who Rise Community, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licenses;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
Our Site and Moms Who Rise Community is a space for learning and personal development and is a pitch-free, solicitation-free, and sales-free environment. While using this Site and/or our Moms Who Rise Community, we ask that you not:
- Contact anyone who has asked not to be contacted.
- Collect personal data about other users for commercial or unlawful purposes.
- Infringe other user’s privacy rights.
- Violate the intellectual property of others.
- Post anything that contains software viruses, worms or any other harmful code; or
- Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
We respect your confidential and proprietary information, ideas, and plans (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Moms Who Rise participants (Participants) and representatives of Moms Who Rise.
- That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
- Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
- That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
- That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
- While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADEMARK NOTICES
All material on this Site, in our Moms Who Rise Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture, and coding “Our Content”, is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
RIGHT TO SUSPEND, TERMINATE, AND REFUND
We reserve the right to suspend or terminate your use of the Site, the Moms Who Rise Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Moms Who Rise Community, whether accessed by you or not.
The cost, cancellation, and refund, if any, details of our products and services are set out below:
|Product/Service||Price (in USD)||Duration||How To Cancel||Refund|
|Rise Inner Circle Monthly Membership||$27 per month||Ongoing monthly until canceled||Any time, by you or|
us by email to email@example.com
|Rise Inner Circle Annual Membership||$297||12 months||Any time, by you or|
us by email to firstname.lastname@example.org
|Rise Academy||TBD||12 weeks||N/A||N/A|
Payments for any Moms Who Rise program are automatically generated and can be viewed at any time from your account dashboard on the Site.
Most of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
- If payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without the need for notification at a future date.
We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
We reserve the right to inform credit watch monitoring services of ongoing default trends or payment-avoiding strategies employed where we deem it appropriate.
We endeavor to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties, please contact us.
From time to time, Moms Who Rise may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
VIRTUAL AND IN-PERSON EVENTS
For the purpose of the paragraphs below, any virtual events or in-person events hosted by Moms Who Rise will be referred to as “Events”.
- Events are strictly adults-only to ensure professionalism and a quiet working environment for all other attendees.
- Moms Who Rise reserves the right to exclude you from any Event should you, in Moms Who Rise’s sole determination, become disruptive.
- You understand and acknowledge that Moms Who Rise and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video, or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Moms Who Rise.
- You hereby waive any and all legal rights you may have against Moms Who Rise in respect of Recordings of your participation in the event and grant to Moms Who Rise the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
- You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
- You hereby release, discharge and agree to hold harmless Moms Who Rise from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
- You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar, or another in-person forum.
- Due to unforeseen circumstances, announced speakers may be replaced or changed for an Event. With your registration, you accept that changes in speakers is not a cause for a refund (full or partial) of your registration price.
- In the unlikely event that an Event cannot take place on the planned date due to sickness or other unforeseen events, Moms Who Rise reserves the right to postpone or cancel. If postponed, you will be offered an alternative date or a full refund of the purchase price paid for the Event. If canceled, you will receive a full refund of the purchase price paid for the Event. Moms Who Rise will not reimburse any optional expenses including but not limited to flights and accommodation.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIABILITY IS LIMITED
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MOMS WHO RISE, LLC, 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 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 MOMS WHO RISE, LLC, 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 MOMS WHO RISE, LLC, ’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MOMS WHO RISE, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU MOMS WHO RISE, LLC, WILL NOT BE BE LIABLE FOR ANY DAMAGES WHATSOEVER.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
- Accessing websites or servers maintained by other organizations through links on our Site, Moms Who Rise Community, or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, 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.
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 availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Moms Who Rise, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You cannot transfer or assign your Moms Who Rise membership without our prior written consent. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause, and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
This clause survives the termination of these Terms.
Terms shall be construed in accordance with and governed by the laws of Colorado. You consent to the exclusive jurisdiction of the courts in Colorado to determine any matter or dispute which arises between us.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Moms Who Rise, LLC, pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Moms Who Rise, LLC, shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Moms Who Rise, LLC.
NOTICES & QUESTIONS
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Moms Who Rise, LLC
PO BOX 336931
Greeley, Co 80633
How To Contact Us
Phone: (970) 301-1748
This shall also serve as the designated contact information for any valid exercising of the “right to be forgotten.”
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.