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Terms of Use

The last update of these Terms of Use was made on 16 august 2024.

PLEASE READ THESE TERMS OF USE CAREFULLY

THESE TERMS OF USE ARE BINDING.

Welcome to the risemee.com website (hereinafter - the “Site”, “Website”) and Risemee app (hereinafter - the “App”). The Website and App hereinafter are collectively referred to as a “Risemee”, “Platform”. This Platform is operated by Lasta Inc., registered address: 8480 Honeycutt Road, Suite 200, Raleigh NC 27615, registered number: 6441699 (hereinafter referred to as “We,” “Us,” “Our”, “Company”).

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Platform and services, that are provided by Company (hereinafter collectively “Service(s)”) made available through or in connection with the App.

By using the Platform, you agree to be bound by the following Terms of Use.

The integral parts of these Terms of Use are Privacy Policy, Cookie Policy and Subscription & Refund Policy.

YOUR USE OF THE SITE AND SERVICES SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. WE WILL INFORM YOU ABOUT ANY MODIFICATIONS THAT OCCUR IN THE ESSENTIAL PARTS OF THE TOU BY UPDATING THIS PAGE. ANY MODIFICATIONS TO THESE TOU WILL BECOME EFFECTIVE IMMEDIATELY UPON THEIR PUBLICATION DATE. IT IS CRUCIAL TO REGULARLY CHECK THESE TOU TO KEEP YOURSELF INFORMED ABOUT ANY RECENT UPDATES OR MODIFICATIONS THAT MAY HAVE BEEN INTRODUCED. IF YOU CONTINUE TO USE THE SERVICES, YOU AGREE WITH THESE MODIFICATIONS. IF YOU DISAGREE WITH ANY SECTION OF THESE TOU, KINDLY REFRAIN FROM USING THE SITE AND/OR THE APP.

IMPORTANT NOTICE REGARDING ARBITRATION: PLEASE REVIEW CAREFULLY SECTION “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

GENERAL PROVISIONS

You are required to create an account on the Site/App for purchasing and usage of Risemee. For the account creating you have to take a quick quiz (it will help us understand your patterns and triggers), provide your email address and payment information.

When using Risemee and/or placing the order for the Risemee, you acknowledge and agree that you have reached the legal age of adulthood in your country/jurisdiction; you comply with these ToU and all applicable laws and regulations; you will only use the Services for informational purposes only.

You are aware that We are not responsible for any third-party data leak in databases and/or DSN servers.

It is your responsibility to ensure that your use of the Service does not contravene applicable laws, rules, or regulations. You will not use the Site or App in violation of any laws you are subject to. Notwithstanding the foregoing, We are not responsible for the further use of the Risemee and it’s your sole responsibility.

By using the Service, you represent and warrant that you possess the complete rights, power, and authority to enter into these Terms and fulfill all obligations stated herein.

You will properly follow all instructions and documentation provided by us to you at the Website/App.

You will not allow any other third party to access your account or to utilize the Risemee. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.

You may not share or transfer any account. You may not disclose your account details to anyone else.

You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised. We will not be liable for any losses caused by any unauthorized use of your account.

We reserve the right to modify, terminate, or refuse the Services to anyone for any reason and without notice at any time.

You understand that we, in our sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the Risemee. In this case, the information you may have already accessed will become unavailable without prior notice.

We try to help all of our users. You may get in touch with us about any matters, which belong to Risemee by e-mail [email protected].

Currency Conversions. Please note that the price of the Risemee Subscription is displayed to you in a default, in U.S. dollars (or EUR, if applicable), although the charge may be in a local currency.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICES.

RISEMEE SERVICES

Risemee grants you the ability to view short summaries of books and articles in the field of digital marketing.

“Content” means any text resumes, video resumes, video materials., etc.

You acknowledge that all the Content, software and materials displayed on the Services or used by Risemee, is proprietary to Risemee or to third parties.

You acknowledge and agree that Risemee should only be used for lawful purposes. Risemee is not responsible for the purpose a user exploits the Services, and usage is at the user's risk and responsibility.

Any Content that becomes available through Risemee can only be used in viewing format.

ANY USE OF THE CONTENT IS AT YOUR OWN RISK AND IS SOLELY YOUR RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR USE OF ANY CONTENT ACCESSED BY YOU VIA THE SERVICE AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH USE. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS ARISING OUT OF YOUR USE OF THE CONTENT. YOU ARE PROHIBITED FROM CITATION TO THE SERVICE WHEN USING THE CONTENT ILLEGALLY. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR DETERMINING WHETHER YOU MAY LAWFULLY USE ANY CONTENT AND WE HAVE NO OBLIGATION TO EVALUATE, SCREEN, OR MONITOR ACCESSED CONTENT. BY USING CONTENT IN ANY MANNER, YOU REPRESENT AND WARRANT THAT YOU WILL NOT BE IN VIOLATION OF ANY AGREEMENTS, APPLICABLE LAWS AND OTHER RIGHTS OR GRANTS.

You are solely responsible for any Content accessed by you and/or your use of the Services, as well as the consequences of using the Content accessed by you. You affirm, represent, and warrant that your use of the accessed Content will not misappropriate, infringe, or otherwise violate any rights of any third party (including intellectual property rights or rights of publicity or privacy), and will not violate any applicable law, rule, regulation, or the terms of service of any other platform.

SECURITY

We care about the integrity and security of your personal information.

You acknowledge that you willingly provide your personal information to Company and the Payment Provider (a financial institution, which processes payments for Risemee) while placing the order for the Services on the Website.

Please, kindly read our Privacy Policy for more details about our rules of personal data processing and its secure storing.

We do not control, monitor and/or are not aware of how the user exploits the Risemee. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.

You acknowledge that we don’t encourage our users to exploit the Risemee illegally.

LIABILITY AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY TO YOU (OR TO ANY PERSON CLAIMING THROUGH YOU TO WHOM YOU MAY HAVE PROVIDED INFORMATION THAT YOU OBTAINED FROM THE COMPANY AS A RESULT OF ITS SERVICES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND\OR THE RISEMEE, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE RELATED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO INFORMATION, OR OTHER OFFERINGS AVAILABLE THROUGH THE WEBSITE. THE RELATED PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITS INFORMATION OR INFORMATION PROVIDED THEREIN.

IN ADDITION TO THE ABOVE, YOU EXPRESSLY ABSOLVE AND RELEASE THE RELATED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE RELATED PARTIES’ REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (3) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE PLATFORM AND THE SERVICES OFFERED ON THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

WE ARE NOT RESPONSIBLE FOR USING THE RISEMEE AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE RISEMEE AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH LEGAL AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. WE DON’T KNOW AND CANNOT KNOW HOW USERS USE THE RISEMEE AND/OR SERVICES. IF YOU BECOME AWARE THAT THE RISEMEE AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY RISEMEE AND/OR SERVICES USING.

THE RISEMEE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE RISEMEE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PLATFORM AND/OR THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY OBTAINS ITS DATA FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON RISEMEE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED \ THROUGH RISEMEE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

WE MAKE NO REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE FREE FROM MALWARE, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR NON-INFRINGING. NO ORAL OR WRITTEN REPRESENTATION, ADVICE, OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, SHALL BE CONSIDERED A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND. ANY HOW-TO GUIDES PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY, AND YOU MAY NOT RELY ON THEM FOR ANY ACADEMIC, VOCATIONAL, OR PROFESSIONAL CERTIFICATION.

YOU AGREE NOT TO HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT ACCESSED THROUGH THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You understand and acknowledge that You may be exposed to material that is inaccurate, offensive, indecent, or otherwise objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.

Limitations of Use

By utilizing Risemee, you warrant, on behalf of yourself, and any other parties you represent, that you will not:

  • Modify, copy, prepare derivative works of, decompile, access, or reverse engineer any materials, software and code contained on this Platform.
  • Use any tools, programs, or methods, including but not limited to "deep link," "page scrape," "robot," "spider," algorithm, or any manual process, to access, copy, or monitor any part of the Platform, or bypass any security measures to obtain materials, pictures, documents, or other information not intentionally provided by the Platform.
  • Remove any copyright or other proprietary notations from any materials and software on this Platform.
  • Attempt to gain unauthorized access to any part or feature of the Platform, other systems or networks connected to the Platform, any Company server, or any service offered on the Platform by hacking, password "mining," or any other prohibited method.
  • Probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or attempt to breach any security or authentication measures on the Platform.
  • Transfer the materials to another person or "mirror" the materials on any other server.
  • Knowingly or negligently use this Website or any of its associated services in a manner that abuses or disrupts our networks or any other service provided by Company.
  • Take any action that imposes an unreasonable or disproportionately large load on the Platform's infrastructure, the Company's systems or networks, or any other connected systems or networks.
  • Use Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
  • Use Platform or its associated services in violation of any applicable laws or regulations.
  • Cause or launch any programs for the purpose of scraping, indexing, or otherwise data mining any portion of the Services, or use robots, crawlers and similar applications to collect and compile Content from the Services, or send data to or from the Services for the purposes of competing with the Services or in such ways that may impair the Services’ functionality;
  • Take any action that imposes (as determined at Company’s discretion) an unreasonable or disproportionately large load on the servers or other cloud infrastructure which operate or support the Services, otherwise systematically abuse or disrupt the integrity of such servers or infrastructure, or send automated queries;
  • Use Platform in conjunction with sending unauthorized advertising or spam.
  • Harvest, collect, or gather user data without the user's consent.
  • Use Platform or its associated services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
  • Use any device, software, or routine to interfere with the proper functioning of the Platform or any transaction conducted on the Platform, or with any other person's use of the Platform
  • Misrepresent your identity or the origin of any message or transmission you send to the Company through the Platform, including forging headers or impersonating another person.
  • Use the Platform in an unlawful manner or in a way that could damage, disparage, or negatively impact the Company.
  • Publicly perform, display or communicate the Services.
  • Circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them.
  • Employ any hardware, software or technique to pool connections, devices or users that use the Services (sometimes referred to as ‘virtualization’, ‘multiplexing’ or ‘pooling’) in order to circumvent any limitations or conditions on the scope of your subscription.

Any attempt to do so is considered as a violation of the ToU and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages

If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Company from the moment of its creation.

INTELLECTUAL PROPERTY

All intellectual property rights on the Website and Risemee Platform belong to and is vested in Company or its licensors, and are protected by the applicable law and international copyright laws.

Unauthorized use of Risemee trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.

You may not use or reproduce any part of this Website/Platform or the materials contained within it in any manner without first obtaining the prior written permission of Company.

END USER LICENSE CONDITIONS

Scope of License: The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to use the Risemee.

Risemee is Designed for Legal Use only. The Company cannot provide legal advice to you regarding your use of the Risemee. You should consult your own legal advisor with respect to legality of using the Risemee in the manner you intend to use it prior to using the Risemee.

License. It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the Risemee and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Company, or to third parties. You, as a licensee, through your use of the Risemee do not acquire any ownership rights to the Risemee. The Risemee is protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to use the Risemee and do not include any other intellectual property rights.

You agree that you will comply with all the requirements set forth in these ToU, in particular in the "Limitations of Use" Section.

The Company may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Risemee during the term of the License. The terms of this ToU shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied.

For Risemee using it may be necessary an internet connection. The Company will not be responsible, if you are not able to get an access to the Risemee due to problems with internet connection or its absences.

Term and Termination: The term of this License runs concurrently with the term of your subscription plan. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this ToU or your subscription period expires.

APPLICABLE LAW

If you are a citizen or resident of the United States, the law of the state of your residence governs this contract and any claim or dispute that you may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Delaware shall apply. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

DISPUTE RESOLUTION

Please read the following notice carefully, as it pertains to your legal rights.

a) Resolution of Disputes through Arbitration. By agreeing to these terms and conditions, you and Risemee are bound to resolve all disputes and claims between you and us through arbitration. This includes but is not limited to:

  • Claims that arise from or are related to any aspect of the relationship between you and Risemee, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • Claims that arose prior to this agreement or any previous agreements between you and us, including but not limited to claims relating to advertising or disclosures;
  • Claims that may arise after the termination of this agreement.

However, either party may bring an individual action in small claims court as long as the relief sought does not affect other customers, and the action is not removed or appealed de novo to a court of general jurisdiction.

It is important to note that the following matters can only be decided by a court:

  • Matters related to the scope and enforceability of this arbitration provision;
  • Whether a dispute can or must be brought to arbitration;
  • Whether the American Arbitration Association (“AAA”) is unable or unwilling to administer the arbitration in accordance with this arbitration provision;
  • Whether Section (b) has been violated or complied with for purposes of awarding relief under that section that a court can award;
  • Whether Sections (e), (f), or (g) have been violated or complied with.

These Terms of Use establish a transaction in interstate commerce, and therefore, the Federal Arbitration Act applies to the interpretation and enforcement of this provision. The arbitration provision will remain in effect even after the termination of the agreement between you and Risemee By agreeing to arbitration, you and Risemee both waive the right to sue in court, have a trial by jury, and participate in class actions. b) To initiate the dispute-resolution process, the party seeking arbitration must first send a written Notice of Dispute to the other party by U.S. mail or professional courier service. The Notice should be sent to the designated Notice Address for Risemee, and a copy of the Notice should be sent to [email protected]. The Notice must include the claimant's name, mailing address, email address, phone number, and Account name (if any), describe the nature and basis of the claim or dispute, and set forth the specific relief sought. The Notice must be personally signed by either you (if you are the claimant) or by a Risemee representative (if Risemee is the claimant).

To ensure the security of your Account and protect your privacy, you may be required to provide your authentication and consent for Risemee to discuss your account or share your private information with anyone other than you, including an attorney.

Upon receipt of a complete Notice, the other party has 60 days to investigate the claim. During this period, either party may request an Informal Settlement Conference to discuss a potential settlement. You and Risemee must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can occur after the 60-day investigation period. Both you and a Risemee representative must participate in the conference, unless otherwise agreed in writing.

The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested. Any applicable statute of limitations or contractual limitations period will be tolled during the Informal Resolution Period.

Arbitration proceedings cannot commence until after the Informal Resolution Period has ended. Section (f) has additional requirements for commencing certain coordinated arbitrations. All pre-arbitration dispute resolution requirements must be met to allow for meaningful dispute resolution. Failure to meet any aspect of these requirements may result in a court injunction against the filing or prosecution of an arbitration. In addition, unless prohibited by law, the AAA may not accept or administer such an arbitration, nor assess or demand fees in connection with one. If an arbitration is already pending and the requirements are not met, it must be dismissed.

(c) Procedures for Arbitration: The arbitrator must abide by the terms outlined in this arbitration provision. The arbitration process will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association (AAA), with modifications made by this arbitration provision. The AAA Rules are available for viewing online at www.adr.org. The AAA will oversee the arbitration proceedings. If the AAA is not available or unwilling to oversee the arbitration in compliance with this arbitration provision, then an alternate arbitration provider agreed upon by the parties or selected by the court will administer the arbitration.

Similar to court proceedings, both you and Risemee acknowledge that any legal representative representing a party in arbitration must certify that they comply with the requirements of Federal Rule of Civil Procedure 11(b), including the certification that the claim or relief sought is not frivolous or brought for an improper purpose. The arbitrator has the authority to impose any penalties available under the AAA Rules, Federal Rule of Civil Procedure 11, or relevant federal or state law on all appropriate represented parties and counsel.

Unless mutually agreed upon by both parties, all arbitration hearings must take place in the county (or parish) where you reside at the time the Demand is filed. If you file a claim for $10,000 or less, you may choose whether the arbitration will be based solely on documents submitted to the arbitrator, a telephonic hearing, or an in-person hearing as outlined by the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may take into consideration rulings from past arbitrations involving different Risemee users. However, an arbitrator's ruling will not be binding in proceedings involving different Risemee users.

Unless mutually agreed upon by both parties, all directly related claims must be brought forth in a single arbitration proceeding. If either party initiates a subsequent arbitration claiming issues that are directly related to ones that were brought up in a prior arbitration involving the same parties, then the AAA or the arbitrator must either consolidate the subsequent arbitration with the ongoing proceeding or dismiss any claims raised in the subsequent arbitration that would be prohibited by applicable law if filed in court.

Regardless of the arbitration method, the arbitrator must provide a written decision explaining the essential findings and conclusions on which the award is based. Except for Section (e), the arbitrator can grant the same damages and relief that a court can provide under applicable law. Although under certain laws, Risemee may be entitled to an award of attorney's fees and expenses if they prevail in arbitration, Risemee agrees not to seek such an award unless you are represented by an attorney and the arbitrator has determined that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

(d) Arbitration Costs. Risemee is responsible for paying all AAA fees associated with any arbitration that it initiates. In the case that you initiate an arbitration, Risemee will pay some or all of the AAA fees, as long as you have complied with Section (b). If your claims are worth $1,000 or less for both parties, Risemee will pay all AAA fees. If your claims are worth more than $1,000 but less than $10,000, Risemee will pay all AAA fees above $20. Risemee will pay its share of your filing fee directly to the AAA upon receiving a written request from you at the Notice Address, or if the AAA requires you to pay the filing fee, Risemee will send that amount to the AAA and request that the AAA reimburse you.

However, if the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose as defined by Federal Rule of Civil Procedure 11(b), then the payment of AAA fees will be subject to the AAA Rules, and you will be responsible for reimbursing Risemee for any fees it has paid on your behalf.

(e) Individual Arbitration Requirement. You and Risemee agree that any claims brought against each other will only be brought in your or its individual capacity and not as part of a class or representative action. The arbitrator cannot consolidate more than one person's claims or preside over any form of a class, representative, or private attorney general proceeding, unless you and Risemee agree otherwise. The arbitrator can award any relief that a court could award, provided that the relief is individualized to the claimant and does not affect other Risemee users. Neither party may seek non-individualized relief that would affect other Risemee users. If a court decides that any aspect of this Section's limitations is unenforceable as to some aspect of the case, then all other aspects of the case must first be arbitrated. After completing arbitration, a court will decide the remaining (non-arbitrable) aspects of the case.

(f) Coordinated Arbitration Administration: If 25 or more claimants with similar claims are represented by the same counsel, they must resolve their cases in staged proceedings. This process may delay the arbitration of your claim, but you must agree to it. In the first stage, claimants' counsel and Risemee will each select up to 25 cases each to be resolved individually by different arbitrators. If feasible, arbitrators from the claimants' home states will be chosen. No other cases may proceed in arbitration during this time, and the AAA must not assess or demand payment of fees for the remaining cases. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, with fairness to the parties. After the first stage is complete, the parties must engage in a single mediation of all remaining cases, and Risemee will pay the mediation fee. If the parties cannot agree on how to resolve any of the remaining cases after mediation, they will repeat the process of selecting and filing up to 50 cases to be resolved individually by different arbitrators, followed by mediation.

If any cases remain after the second stage, the process will be repeated until all claims are resolved. However, there are four differences. First, up to 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants. Counsel will meet and confer between stages to improve efficiency and may negotiate with the AAA regarding the amount or timing of AAA fees. A court may enforce this section, including by enjoining mass filings, prosecution or administration of arbitrations, or assessment or collection of AAA fees.

If this section applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court may enforce this section and its requirements, which are intended to be severable from the rest of this arbitration provision. If a court decides that the staging process is not enforceable after all appeals have been exhausted, the cases may be filed in arbitration, and AAA fees will be assessed as arbitrations advance and arbitrators are appointed.

(g) Future Changes to Agreement to Arbitrate: If Risemee changes this arbitration provision (except for Notice Address, website links, or telephone numbers), you may reject the change by sending written notice via U.S. mail within 30 days of the first notice of the change. The rejection should include your name, address, phone number, account name, and a personally signed statement that you wish to reject the changes to the arbitration provision. By rejecting any future changes, you agree to arbitrate any disputes with Risemee in accordance with the language of this arbitration provision.

(h) Forum Selection: Unless agreed otherwise, state and federal courts in Delaware will have exclusive jurisdiction over any disputes (except those in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and Risemee consent to the jurisdiction of those courts and waive any objections to personal jurisdiction, venue, or any other basis or right to seek to transfer or change venue to another court to the extent permitted by law.

MISCELLANEOUS

You agree to indemnify, defend, and hold the Company and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site and Risemee or any breach by you of these ToU or any other policies that we may issue for the Site and/or Risemee usage from time to time. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.

If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Failure or delay by the Company to enforce compliance with the ToU does not constitute a waiver of these ToU. The express waiver by Risemee of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

By using our Site and/or the Risemee you confirm that you have read and consent to these Terms of Use as well as Privacy Policy, Cookie Policy and Subscription & Refund Policy.

We may revise these Terms of Use, Privacy Policy, Cookie Policy and Subscription & Refund Policy at any time, without notice, and the new versions will be available on the Site.

If at any point you do not agree to any portion of these Terms of Use, you should immediately stop using the Risemee.

All notices given by you or required under this ToU shall be written and addressed to [email protected].

All Policies and other documents, which are placed on the Platform, are integral parts of this ToU.

The Risemee is offered with the understanding that we may terminate any subscription and/or your access to the Risemee at any time, for any appropriate reason, including without limitation for any violation of these ToU. Users may not create multiple accounts.

These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.

These English-language ToU are the Company’s official agreement with users of this Website.

The Company makes no representation that the Platform is appropriate or available for use in other locations, and access to the Platform from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Platform solely on your own volition and are responsible for compliance with all applicable local laws. In case the laws of your state or country do not permit you to use the Risemee, hereof you acknowledge and agree that it is upon your responsibility.

The Company does not guarantee or provide any assurances regarding the accuracy, probable outcomes, or reliability of utilizing the materials on Platform and/or Risemee, or in connection with such materials or any resources linked to this Platform and/or Risemee.

For more information, please contact us by email [email protected].