Terms and Conditions
This website (http://www.risewith.us) is provided by SuperHero Press, LLC. (hereafter referred to as “SuperHero Press”). By using this site, downloading any SuperHero Press education software (the “Software”), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service (“ToS”), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website.
To access certain parts of the SuperHero Press (or RiseWith.us) website (the “Site”) and use the Software, you may be required to register through the Site. During registration, you agree:
(a) you are 18 years of age or older;
(b) to provide true, accurate, current, and complete information (hereafter referred to as the “Registration Data”) about yourself and any other users of the account as required by the Site’s registration form
(c) to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or SMARTeacher has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Software, Site, or any portion thereof.
3. Membership and Subscription Fees
Access to the Software is provided to you for a fee. If you chose an ongoing RiseWith.us membership, you expressly agree that we are authorized to charge you the membership fee associated with membership (monthly, annual, or lifetime). The prices associated with each membership and other charges are subject to change without notice. Membership begins on the date it is purchased (the “Purchase Date”) and will continue until canceled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.
Monthly and Annual Memberships
We will bill the fee associated with your Membership at the then-current rate plus applicable taxes. To avoid billing of the next membership fee, you must cancel your membership before it renews.
Lifetime memberships shall remain active for your online life and are subject to additional terms. Lifetime memberships are guaranteed for at least two (2) years of access to the Software. If your Lifetime Membership is terminated due to a violation of the ToS, no refund of any portion of your membership fee shall be provided. SuperHero Press may introduce additional services from time to time which are excluded from the Lifetime Membership. You may cancel your Lifetime Membership at any time, however no refund shall be provided if such cancellation does not occur within the first thirty (30) days.
SuperHero Press, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. SuperHero Press may, in its sole discretion, terminate access to the Site or Software without notice. You agree that SuperHero Press shall not be liable to you or any third party in the event of such termination of access to the Site or Software.
6. Disclaimers of Warranties
The Site and Software are provided “as is”, and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and SMARTeacher shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from SMARTeacher shall not create any warranty not expressly stated in the TOS.
7. Limitation of Liability
SuperHero Press has provided the Site and Software “as is” and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $100, whichever is less.
You agree to indemnify and hold harmless SuperHero Press, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys’ fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.
9. Links and Advertising
The Site or Software may provide links to third-party websites or resources. SuperHero Press has no control over the quality, suitability, availability, or legality of these external websites and resources, and as such makes no representation or warranty of any kind. You hereby waive any claim you may have against SMARTeacher with respect to such sites. SuperHero Press is not responsible for any third party website or resources that are contained outside of the Site.
If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.
11. Governing Law and Arbitration
The ToS shall be governed under the laws of the US and you agree to submit to the jurisdiction of the Courts of the United States in respect of any matter relating to the ToS.
12. Modifications to Site and Software
SuperHero Press reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that SuperHero Press shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software. Liability is limited to the paid membership fee, pro-rated to the time remaining on the membership fee, in the event of a permanent discontinuance of the Site or Software.
13. Use of Site and Software
The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by SuperHero Press, LLC. and no right or title is transferred to you.
14. Entire Agreement
This TOS constitutes the entire understanding and agreement between you and SuperHero Press with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.