ARISE™ TERMS AND CONDITIONS OF SERVICE
The following terms and conditions constitute a contract between you and Arise Technologies, LLC (“ARISE") and govern the use of the ARISE™ mobile application. Capitalized terms are defined throughout this Agreement and in the section entitled “Certain Defined Terms” below.
The ARISE™ mobile application is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time in the mobile application. Please read these terms and conditions carefully before accessing the mobile application. By accessing, registering with, or using the mobile application, you acknowledge that you did read, understand and agree to be bound by these terms and conditions of service (“Terms of Service” or this “Agreement”).
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Service at any time without notice. Any changes will be effective upon posting of the Terms of Service in the mobile application and/or on the ARISE website at: www.ariseapp.com (the “Sites”) and may be made without any other notice of any kind. Continued use of the Sites or use of the mobile application or other Services after any changes to the Terms of Service signifies your understanding and acceptance of the new Terms of Service and may be made without any other notice of any kind. Continued use of the Sites or use of the mobile application or other Services after any changes to the Terms of Service signifies your understanding and acceptance of the new Terms of Service.
If you do not agree to any of the terms and conditions contained in these Terms of Service, you agree that your only remedy is to not use or access the mobile application or other Services.
This Agreement is effective as of November 8, 2017. Your continued use of the Sites or the Services after such time will signify your acceptance of this Agreement.
User Information & User Generated Content
You acknowledge that ARISE has no obligation to pre-screen or validate User Information or User Generated Content (“UGC”) contributed to the mobile application. You are solely responsible for providing accurate, current and complete information in connection with any User Information or UGC that you publish to the mobile application or make available through the Services and represent and warrant that you have all necessary rights to submit such User Information or UGC to us.
You agree not to upload, post, transmit or otherwise make available any User Information or UGC that:
may violate or infringe any right of ARISE or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right;
is illegal, harmful, threatening, abusive, tortious, defamatory, offensive, invades another’s privacy, or promotes discrimination or harm against any individual or group in any way;
supports or opposes any political campaign
may violate any applicable municipal, state or federal law, rule, regulation or ordinance;
advertises, promotes or offers to trade any goods or services;
disrupts, interferes with, or otherwise harms or violates the security of the mobile application;
“flames” any individual or entity, including ARISE employees (e.g., sends repeated messages or makes derogatory or offensive comments about another individual, entity, group or ARISE team member);
is pornographic or lewd;
contains personally identifiable information of others, including, but not limited to, last names, physical or email addresses, worker ID’s or phone numbers, social security numbers, or any other non-public information; or
otherwise violates these Terms of Service.
You acknowledge that ARISE has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any User Information or UGC, which you submit or is otherwise available via the Sites or through the Services.
You acknowledge that user location is tracked and posted with calls for help, services offered, or events. Users have the option to hide their location on the map; however, it is up to the user to decide to enable this option.
You acknowledge and agree that ARISE may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any UGC violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ARISE, its owners, its users or the public.
As a user, you represent and warrant that you will not use the Sites or Services to:
forge headers or otherwise manipulate identifiers in order to disguise the origin of any UGC;
disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
reproduce, duplicate, copy or exploit any portion of the mobile application or other Services other than as permitted herein or with the express written permission of ARISE;
interfere with or disrupt any servers or networks or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the mobile application or other Services;
harm minors or others in any way;
obtain, collect, store or modify the personal information of other users of the mobile application;
falsely imply that some other site or mobile app is associated with the ARISE mobile application or other Services; or
use the mobile application or other Services for any illegal or unauthorized purpose.
Without limiting any of the foregoing, ARISE shall have the right, but not the obligation, to terminate or deny access to and use of the Sites or Services to any individual or entity for any reason, in our sole discretion.
Users have the ability to flag content within the system. Reported Flags will be addressed within 24 hours via email.
Content License From You
By submitting UGC to the mobile application, you shall be deemed to grant to ARISE a worldwide and non-exclusive, transferable, royalty-free, sublicensible (through multiple tiers) perpetual license to use, reproduce, create derivative works from, store, transmit, perform, display, sell, publish, broadcast, modify, distribute, or otherwise use such UGC (in whole or part) in all forms and media, now existing or hereafter created or conceived, including but not limited to, print and/or online media and all audio, visual, electronic, online and other forms of media
You further acknowledge and agree that ARISE will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, create derivative works, improve and modify any UGC you submit for any purpose whatsoever, without restriction, obligation, notification or compensation to you. Your use of the mobile application or other Services to generate, submit and/or post UGC confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to ARISE the foregoing rights and license.
You further represent, warrant and agree that the UGC you generate, submit or post will not violate or infringe upon the rights of any third party, including copyright, trademark, trade secret, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or content.
Copyrights, Limited Licenses, Trademarks and Proprietary Property Rights
You are allowed to download or print a single copy of any portion of the mobile application to which you have properly gained access. Use of downloaded or printed copies of any content on the mobile application is limited to your personal, non-commercial use provided that all trademark, copyrights and proprietary notices are kept intact. Other than the limited personal license listed above, and in consideration of your use of the mobile application, you agree that:
the mobile application is the sole and exclusive proprietary property of ARISE, and/or its licensors with all rights reserved;
no person is allowed to use, copy, reproduce, display, transmit, redistribute, republish, license or sell any content found on the mobile application, in whole or in part, without express written consent from ARISE Technologies, LLC and/or its licensors.
ARISE and any other associated Company graphics, logos, designs, page designs, page headers, buttons, icons, scripts and service names that are used to represent the mobile application or Services rendered by the Company are registered trademarks, trademarks and/or service marks or trade dress of the Company in the United States and/or other countries. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of ARISE.
In accordance with the Digital Millennium Copyright Act of 1998, ARISE will respond expeditiously to all claims of copyright infringement that are reported to ARISE. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to ARISE by providing all the necessary information to firstname.lastname@example.org.
You agree that, except as expressly authorized in writing by ARISE, you (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in this Agreement or directed by ARISE; (b) will effect and maintain adequate security measures to safeguard the Confidential Information from unauthorized access, use and/or misappropriation; and (c) will not disclose or publish any Confidential Information to any third party without first obtaining ARISE’s express written consent on a case-by-case basis.
"Confidential Information" means all information related to ARISE’s or any affiliated Company’s business and Services, including without limitations, all calls for help, services offered, or events within the mobile application, and without limitation (i) project information, instructions, input data, style guides, and 3rd party information relating to ARISE tasks; (ii) trade secrets, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (iii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; and (iv) information designated by ARISE, in writing, as Confidential Information.
Notwithstanding the foregoing, it is understood that you are free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of these Terms of Service, and your own skill, knowledge, know-how, and experience. Confidential Information shall not include information that was known to you prior to ARISE’s disclosure hereunder (and can be demonstrated by written proof) or that becomes publicly available through no fault of you.
If we issue you an account or login in connection with your use of the mobile application or any Service, or any portion thereof, you will be deemed a “Registered User”. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
Certain portions of the mobile application or Services may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit or otherwise allow any third party to access and/or use your username, password or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or account. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use by the party using your account.
ARISE may, in its sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Sites or Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Sites or Services is terminated, you will not thereafter access, or attempt to access, the Sites or Services, directly or indirectly.
Links to Third-Party Content and Sites
The mobile application may provide links to content (including images, pictures, text, lists, data, graphics, designs, audio, music, video, sound, software, applications) or websites (“Third Party Sites)”). The Company does not control these Third Party Sites, and therefore our Terms of Service do not apply. Before using, browsing or accessing these Third Party Sites, you should take the time to familiarize yourself with their Terms of Service. We do not monitor, read, check for accuracy, appropriateness or completeness, endorse or approve any Third Party Site, and are therefore not responsible for any content outside of the Sites.
ARISE does not guarantee the accuracy, integrity or quality of the information in the mobile application. Under no circumstances will ARISE be liable in any way for any claim arising out of or related to the Sites or Services, including, but not limited to, for any errors or any omissions on the Sites, or for any loss or damage of any kind to persons or property, including death, as a result of the use of the mobile application or other Services or any content posted on any of the Sites or made available through the Services, whether posted by you or ARISE or any other person or entity.
ARISE does not guarentee that users will recieve help, volunteers, or patrons.
THE MOBILE APPLICATION IS PROVIDED “AS-IS”. ARISE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARISE does not guarantee that the Site’s content and/or code is error-free, nor does it guarantee that its servers or the third-party servers it employs are free of viruses.
ARISE is not responsible for interactions between, or actions or inactions of, individuals or groups stemming from usage of the mobile application or other Services, whether online or offline, and reserves the right to change the mobile application, software, content or data contained within or offered by the Sites or the Services at any time without notice.
By visiting the Sites or accessing the mobile application or other Services, you agree that the laws of the United States and the State of New Hampshire, without regard to principle conflict of laws, will govern these Terms of Service and any dispute that may arise between you and ARISE and/or its affiliates.
By using the mobile application or other Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to people under the age of eighteen (18).
You agree to indemnify, defend and hold ARISE, its affiliates and subsidiaries, and each of their directors, officers, members, managers, attorneys, agents, employees, partners and contractors (“Indemnified Parties”)harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, asserted by any third party due to or arising out of (i) User Information and UGC you submit, post or transmit or make available through the Sites or Services, or (ii) your violation of these Terms of Service or any applicable law or (iii) any legal proceedings threatened or initiated against any of the Indemnified Parties by a third party as a result of the events described in this paragraph, or your violation of any rights of another, including but not limited to intellectual property rights.
Limitation of Liability
You agree that the Company will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the mobile application or the provision of any other goods or Services under this Agreement and whether or not as a result of any breach or default of these Terms of Service by, or any negligence of, ARISE or its affiliates.
In any event, the maximum aggregate liability of ARISE and its affiliates under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the fees paid by ARISE to you.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of ARISE will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by law.
You agree that except as otherwise provided in these Terms of Service, any submissions, feedback, comment, questions or ideas submitted to ARISE are non-confidential and become the sole property of ARISE. ARISE owns exclusive rights, intellectual property rights included, and is entitled to unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without notification or compensation to or acknowledgement of you.
If you have any questions or need further information as to the mobile application or other Services provided by ARISE, or need to notify ARISE as to any legal matters relating to the mobile application or other Services please contact ARISE at:
Attn: Adam Spaulding
ARISE Technologies, LLC.
207 Holly Lane, Portsmouth, NH 03801
These Terms of Service constitute the entire agreement between you and ARISE regarding the use of the Sties and the mobile application and other Services, superseding any prior agreements between you and ARISE relating to your use of the Sites or the Services. The failure of ARISE to exercise or enforce any right or provision of these this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, the mobile application or other Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Certain Defined Terms
Any capitalized term not otherwise defined in this Agreement has the meaning given such term below and as used throughout this Agreement:
“ARISE”, “we”, “us” “our” or the “Company”, mean(s) Arise Technologies, LLC, it’s network, any associated services and sub-domains, and its affiliates and subsidiaries…
“Mobile Application” means the ARISE app downloaded from Google Play or the Apple App Store provided from ARISE Technologies, LLC
“Registered Account" means any account that you have established with ARISE or its affiliates, or any successor or replacement websites.
"Service(s)" means the mobile application and any service that we from time to time sell, offer to sell, provide on or through the Sites, or that you request or receive through the Sites.
“Sites” means www.ariseapp.com
“Third-Party Content” means any content not created by ARISE, including but not limited to User Generated Content.
“Third-Party Sites” means any site not owned by ARISE.
“User Information” means any information that you submit in relation to establishing a profile or Registered Account with ARISE.
“User Generated Content” or “UGC” means any content submitted to ARISE or posted on the Sites or the Services, in any form or medium, by users of the Sites and Services, including, without limitation, qualification tests, comments, reviews, recommendations, preferences, lists, data, questions, answers, responses, comments, feedback, instructions, proposals, ideas, suggestions, creative content, copy, phrases, text, logos, symbols, designs, and images.