TERMS & CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING RISEMEDIATION.COM OR MAKING ANY PURCHASE OR DOWNLOAD. BY INTERACTING WITH OUR SITE, ITS CONTENT, AND/OR MAKING ANY PURCHASE OR DOWNLOAD, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS IN THEIR ENTIRETY AND WITHOUT MODIFICATION.  

RISEMEDIATION.COM IS OWNED BY ANNE MACIVER LLC.

Introductory Notes

Purpose. These Terms & Conditions are here to clearly explain, outline, and lay out the rules, terms, and conditions of using, viewing, and/or browsing risemediation.com and, as applicable, purchasing or downloading any course, program, service, or product offered by us.

Effect. By using risemediation.com in any capacity, you voluntarily and implicitly agree that you have read (or had the opportunity to read and chose not to), understood, and consented to these Terms & Conditions as stated. If you do not agree with these Terms & Conditions, please STOP now and do not use this site or its content. If you have any questions, please contact us.

Capacity. To use this site or any of our products or services, you must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or if you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this site or our products or services. If you are under 18 and need mediation- or divorce-related help, you may email Anne directly to see if she can guide you to the right place.

Dispute resolution. These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause and voluntarily waive your right to a jury trial.

And if you thought that was exciting…here we go!

By proceeding to use risemediation.com, you hereby agree to the following:

Definitions

“Agreement”, singularly, or “Agreements”, collectively, means these Terms & Conditions, the Privacy Policy, Cookie Policy, and Disclaimer. 

“Company”, “we”, “our”, or “us” means Anne MacIver LLC DBA R.I.S.E. Mediation and risemediation.com (collectively, “R.I.S.E.”).

“Content” means any and all written, visual, video, audio, downloadable and other information contained on or accessed via the Site (as defined below) and/or included in or offered or provided by us via the Site, email, mobile app, link, podcast, portal, streaming or other media, social media or marketing outreach (paid or otherwise), or other communication or access medium at any time, including but not limited to (i) graphics, designs, layouts, blog posts, and email lists, (ii) all other intellectual and/or creative output, including but not limited to the names of our Services and/or Products (as defined below), whether or not registered with a state or federal trademark or copyright office, and whether or not displaying a trademark™ or copyright© symbol, (iii) any and all emails received from R.I.S.E. or Anne MacIver, and (iv) material used, purchased, viewed, consumed, and/or downloaded via any medium referenced or contemplated herein expressly including but not limited to our Services and/or Products (as defined below) as well as promotional material.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person or to identify an individual in context. For example, Personal Information includes, among other things, your name, address, email address, telephone number, credit card information, and site behavior.

“Purchase” or “Download” means any Content you paid for and/or copied, stored, transferred, downloaded, or otherwise retained on or to your computer, phone, tablet, hard drive, cloud system, or any other data-storage destination.

“Purchased”, “Purchasing”, “Downloaded” or “Downloading” means the act of purchasing and/or copying, storing, transferring, downloading, or otherwise retaining Content as described in the definition immediately above.

“Service(s) and/or Product(s)” is a subset of Content (as defined above) and means any material and/or benefit(s) offered or provided by us for use, purchase, viewing, download and/or other consumption via the Site, email, mobile app, link, podcast, portal, streaming or other media, social media or marketing outreach (paid or otherwise), or other communication or access medium, including but not limited to newsletters, emails, Site access, social media posts and uploads, promotional material, blog posts, information, courses, video tutorials, Zoom and other Q&A sessions (live or recorded, video, audio, or transcribed), streaming and video (live, recorded, or transcribed), events and event invites, mediation services, checklists, documents, ebooks, forms, guides, planners, templates, workbooks, worksheets, and any other products, services and/or materials we offer or provide for use, purchase, viewing, download and/or other consumption via the Site, email, mobile app, link, podcast, portal, streaming or other media, social media or marketing outreach (paid or otherwise), or other communication or access medium at any time.

“Site” means risemediation.com and any and all of its associated pages and posts, tabs, landing pages, forms, features, sub-pages, functionality, and elements.

“You” or “your” means the user, customer, or viewer of the Site.

Incorporation by Reference

Agreements forming part of these Terms & Conditions. The R.I.S.E. Privacy Policy, its incorporated Cookie Policy, and the Disclaimer are hereby linked and incorporated by reference into these Terms & Conditions and thus form a part of these Terms & Conditions.

Consents 

The Agreements. By using the Site and/or Content and/or making any Purchase or Download, you implicitly and voluntarily agree to be governed by, and abide by, these Terms & Conditions and the Agreements. 

Your age. By using the Site and/or Content and/or making any Purchase or Download, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site or the Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and the Agreements. 

Site rules. By using the Site and/or Content and/or making any Purchase or Download, you hereby agree not to:

  • Abuse or harass any person through or on the Site
  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, nor content that infringes on our intellectual property rights or those of another person, website, or company
  • Use the Site in any way or for any purpose which violates any law of the United States, any law of the jurisdiction in which you use the Site, and/or any communicated R.I.S.E. rule or policy including but not limited to the Agreements
  • Post or transmit any “spam” or unwanted and/or unsolicited content
  • Post any copyrighted materials, photographs, or content that does not to you
  • Promote or sell, through or on the Site, your own website, content, services, or products (unless clearly and expressly invited to do so by R.I.S.E.) or the website, content, services, or products of anyone other than R.I.S.E.
  • Copy, download, share, post, or transmit our Content or any other R.I.S.E. intellectual property in any way that infringes on our intellectual property rights

Disclaimers

THE R.I.S.E. MEDIATION DISCLAIMER IS PART OF THESE TERMS & CONDITIONS AND SETS FORTH THE SPECIFIC DISCLAIMERS WITH WHICH YOU ARE DEEMED TO AGREE. 

Payments and Purchases

Payment permissions. When you Purchase or Download any Services and/or Products we may offer, you may pay by Stripe, PayPal, Apple Pay, Google Pay, or another payment gateway in use on our Site at that time. By doing so, you give R.I.S.E. permission to automatically charge your credit card or debit your bank account or other account for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

Failed payments. If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, the corresponding Service and/or Product. Please note, in the event your payment method is declined, at any time and for any reason, you are still responsible for the full cost of your Purchase. 

No chargebacks. We do not accept chargeback threats (real or implied). If any chargebacks are placed on a Purchase or Download, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processors. Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of any payment processing company. As with any online purchase, there are circumstances beyond our control that may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances. You hereby release us from any and all damages you incur or may incur related to your payment or use of any or all of our payment processing companies, and you further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site or Content.

Cancelations. If you wish to cancel a Purchase or Download that has already been made, please see the “Refunds” policy below for your options. If your Purchase or Download has not gone through, or if you are not sure if it has gone through and you have not received a receipt, email, or evidence that it has, and you wish to cancel your attempt, please contact us and we will work through your very weird problem. 

Refunds. You understand and accept that R.I.S.E. cannot and will not provide refunds for Services and/or Products that have already been rendered and/or Purchased or Downloaded, as applicable. We will do everything within our ability (and within reason), however, to work toward your satisfaction! If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us.

Exceptions for honest mistakes. If you made a Purchase and/or Download in error and (i) there was no opportunity to correct it, (ii) you agree to take reasonable steps to return or destroy the related Purchase and/or Download, (iii) you have not shared and agree not to share the Purchase and/or Download or the underlying Service(s) and/or Product(s), and (iv) you have not used and agree not to use any benefits or information provided in connection with such Purchase and/or Download or the underlying Service(s) and/or Product(s), then you may notify us of the error within one (1) hour of making such Purchase and/or Download for a full refund.

Privacy and Security

Personal information and data. Please read our Privacy Policy and Cookie Policy, both of which together form a single policy and are incorporated by reference herein, to learn how we handle your personal information and data.

Risk of exposure. Notwithstanding the efforts R.I.S.E. has made and will continue to make to safeguard your privacy, safety, and confidentiality on the Site, you acknowledge and accept the risks of online engagement.

Third-party and external websites. The Site may contain or include URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note that we are not liable for any of the information contained on or within third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy and/or cookie policy or terms and conditions, or for any information you provide to them by visiting their website(s). You are responsible for reading and agreeing to, or expressing disagreement with, any such external website’s privacy and/or cookie policy and terms and conditions.

Intellectual Property 

Ownership. The Site and the Content are intellectual property proprietary to and owned by R.I.S.E.. The Site and the Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. 

Our limited license to you. If you view and/or access the Site and/or Content, and/or make any Purchase or Download, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site and the Content have been written, created, drafted, designed, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. 

Your use of the Site and/or Content. The Site and the Content are extremely valuable to us, both professionally and personally, and we take the protection of our Site and the Content very seriously. You may not use the Site and/or Content in any manner that is unauthorized, improper, against these Terms & Conditions or the terms of any of the Agreements, or in violation of U.S. or state intellectual property laws, unless authorized by us in writing beforehand. The Site and the Content do not and will not belong to you or exist for your commercial or other for-profit and/or uncredited use. You acknowledge and agree that your use of the Site and/or Content is of a personal nature only, not for implementation in your or anyone else’s business or enterprise, and not for any other use or purpose for which the Site and/or Content are not reasonably understood to be intended by us. You further agree that you will not use the Site and/or Content for anything other than your own personal and non-commercial use, nor implement the Site and/or Content in your or anyone else’s business or enterprise, nor utilize the Site and/or Content for any use or purpose other than those for which the Site and/or Content are reasonably understood to be intended by us. 

Sharing the Site and/or Content. During the course of your use of the Site and/or Content, you agree and understand that you cannot distribute, copy, forward, and/or share the Site and/or Content in any way prohibited by these Terms & Conditions or any of the Agreements. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute the Site and/or Content, including but not limited to protecting your password (if any) to the Site and/or to any Purchases, Downloads or their benefits. You must request and receive written permission by email (anne@risemediation.com) before sharing our Site and/or Content for commercial purposes. You may share the Site and/or Content for personal purposes, but we ask that you link directly to the Site. If you share the Site and/or Content (including any photographs) on social media or your own website, you are required to give us and the Site credit by linking to the Site. Since the Site and the Content are not yours, you may not in any way imply or represent that the Site and/or Content are yours or that you in any way created, caused, or contributed to the Site and/or Content. You may not make any claims that you are in any way associated with R.I.S.E. or Anne MacIver. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law. 

Your license to us. By commenting on the Site, and/or submitting comments or documents to R.I.S.E. or Anne MacIver via contact or submissions form, email, social media, or any other communication method, you represent that you are the lawful owner of said documents, statements, and the information they contain. You grant us a license to use your comments and/or submissions in any way we see fit, as it relates to our business purposes. Note: This clause does not cover comments or materials shared with Anne MacIver or R.I.S.E. during the course of and/or pursuant to a mediation client engagement; in that context, such information will be governed by and safeguarded in accordance with the engagement letter (and/or Agreement to Mediate, as applicable) between you and R.I.S.E.

Consequences for breach. Any violations of this term or any other intellectual property term contained in these Terms & Conditions or the Agreements (regardless of whether the words “intellectual property” appear in the text or any header) (the “IP Terms”) will be legally pursued to the fullest extent permitted by law. You agree that should you act in any way contrary to your acknowledgments and declarations in the IP Terms, you will hold R.I.S.E. harmless from any and all liability and/or consequence arising from your action(s).

Liability and Releases

Release. By using the Site and/or the Content, and/or making any Purchase or Download, you agree to release, forgive, and forever discharge R.I.S.E., Anne MacIver LLC, and their principals, members, subsidiaries, employees, agents, contractors, subcontractors, affiliates, heirs and assigns from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

Limitation of liability. R.I.S.E. is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use of our Site or the Content, including any Purchase or Download. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, and to the fullest extent allowable by law, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of any amount paid to R.I.S.E. for Content giving rise to the dispute. By submitting to these Terms & Conditions and the Agreements, you willingly waive any right you may otherwise have to seek additional damages, including consequential and/or punitive damages, and you agree not to seek such damages. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

Defense and indemnification. You shall, at all times, indemnify, defend, and hold harmless R.I.S.E., Anne MacIver LLC, all of their principals, members, shareholders, officers, affiliates, contractors, subcontractors, directors, assignees, employees, licensees, and their respective heirs and assigns, from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third party or by R.I.S.E., Anne MacIver LLC, and/or Anne MacIver, (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or those of any of the Agreements, and/or (c) arising out of any alleged breach or negligence said to have been committed by us.

Dispute Resolution

ARBITRATION CLAUSE. If you have any complaint(s) or should any issue(s) arise in the course of your use of the Site and/or the Content, and/or in making any Purchase and/or Download, please contact us directly first by emailing us at info@risemediation.com. If we are unable to amicably resolve your dispute in that manner, you agree that you and R.I.S.E. shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association (“AAA”) rules. By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within Lake County, Illinois, and within 25 miles of Deer Park, Illinois. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Illinois. The only award that can be issued to you is a refund of any payment you made to R.I.S.E. for the Content in question. You are not permitted to, and you agree not to, seek additional damages, including consequential and/or punitive damages.

Consent to governing law. These Terms & Conditions, and any dispute arising from this or any of the Agreements, shall be governed by the laws of the State of Illinois.

Consent to jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of any United States District Court within any federal district of Illinois or a state court located within the State of Illinois in connection with any matter arising out of these Terms & Conditions or any of the Agreements and/or as a result of your use of the Site and/or the Content and/or any Purchase or Download.

Consent to service of process. You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of Illinois, and you waive any objection which you might otherwise have to service of process under the laws of the State of Illinois.

Miscellaneous

Termination of use. At our sole discretion, we are permitted to terminate your use or access to the Site, the Content, and/or any Purchase or Download if you abuse, violate, or breach any of these Terms & Conditions or the terms of any of the Agreements.

Changes to these Terms & Conditions and/or the Agreements. We reserve the right to change, amend, or otherwise alter these Terms & Conditions and/or the other Agreements at any time and at our discretion without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or use its Content, or Purchase or Download anything from us.

Entire agreement. These Terms & Conditions together with the terms of the other Agreements constitute the entire agreement and understanding between you and R.I.S.E. with respect to the Site and the Content and thereby supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site and/or the Content.

Severability. The provisions of these Terms & Conditions and those of the other Agreements are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein or therein. If any paragraph, section, subsection, sentence, or clause of an Agreement is rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement in question as a whole or on any other paragraph, section, subsection, sentence, or clause in such Agreement.

Contact Us

If you have any questions about these Terms & Conditions or any of the Agreements, please contact us!

Updated on June 8, 2023