Terms of service
TERMS AND CONDITIONS POLICY FOR GIFTS & APPAREL ESSENTIALS
riseandeffect.com
1. INTRODUCTION
1.1 Welcome to riseandeffect.com. This website is operated by Rise and Effect LLC. This policy only applies to the Gifts & Apparel Essentials category on our website. By accessing or using this category of our website, its content, and the services offered through it, you are agreeing to be bound by these Terms and Conditions. Please read these terms carefully before accessing or using our website. If you do not agree with any part of these Terms and Conditions, you must not use this website or its services.
1.2 The services provided on riseandeffect.com include offering print products sourced from third-party providers. These terms govern the manner in which users can make use of these services, the obligations and responsibilities of users, and the limits within which the services are provided.
1.3 Rise and Effect has the right to amend, modify, or change these Terms and Conditions at any time. By continuing to use the website after any such changes, you agree to be bound by the revised terms. It is the responsibility of the user to review these terms periodically to be aware of any changes.
2. USER REGISTRATION AND ACCOUNT
2.1 To make use of certain services or features on riseandeffect.com, users may need to register for an account. By registering for an account, users agree to provide accurate, current, and complete information about themselves as prompted by the registration form.
2.2 Users are responsible for safeguarding their account information, including usernames and passwords. Users are solely responsible for any activity occurring under their account, whether they authorized that activity or not. In the event of any unauthorized access or use of your account, or any other breach of security, you must notify Rise and Effect immediately.
2.3 Rise and Effect reserves the right to terminate, suspend, or refuse service to any account, without notice or liability, for any reason, including but not limited to any violation of these Terms and Conditions or any applicable law.
2.4 Users can terminate their account at any time by contacting Rise and Effect. Upon termination, all rights and obligations under these Terms and Conditions shall cease, except for any rights or obligations that by their nature should survive such termination.
2.5 Users are prohibited from selling, trading, or otherwise transferring their Rise and Effect account to another party. Any such actions will be deemed a violation of these Terms and Conditions and may result in immediate termination of the account.
2.6 Rise and Effect reserves the right to refuse registration or to cancel an account at its sole discretion.
2.7 Users are prohibited from using another user's account without express permission. Any actions taken under a user's account will be deemed to have been taken by that user and that user will be responsible for such actions.
3. PRODUCTS AND SERVICES
3.1 Rise and Effect, through the website riseandeffect.com, provides items with Store Logo. These products are sourced and fulfilled by third-party providers.
3.2 All products and services provided by Rise and Effect are subject to these Terms and Conditions, as well as any other policies or guidelines that Rise and Effect may publish from time to time. By accessing or using any part of the site, you agree to be bound by these policies and guidelines.
3.3 Rise and Effect endeavors to display and describe the products available on the website as accurately as possible. However, the colors, specifications, and details of products that you see on your computer or mobile device may vary from the actual product due to various factors, including your device's screen display settings. Rise and Effect does not guarantee the accuracy or completeness of the information provided on the website and is not responsible for any discrepancies between the online display and the actual product.
3.4 While Rise and Effect aims to keep the website updated, products listed may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the website. Rise and Effect reserves the right to change the products and services available on the website at any time and without prior notice.
3.5 The provision of services by Rise and Effect does not transfer to you any commercial or promotional use rights in the products. The use of products and services provided by Rise and Effect for any illegal or unauthorized purpose is strictly prohibited.
3.6 Rise and Effect reserves the right to limit the quantities of any products or services that it offers and to discontinue any product or service at any time.
4. ORDERING PROCESS
4.1 To place an order on riseandeffect.com, users must select the desired product, add the product to the shopping cart, and proceed to checkout. During the checkout process, users will be required to provide certain information, including billing and shipping addresses, payment details, and any other necessary information to complete the purchase.
4.2 Once an order is placed, the user will receive an order confirmation email detailing the products ordered, the total cost, and other relevant information. This email serves only as an acknowledgment of the receipt of the order and does not constitute acceptance of the order by Rise and Effect.
4.3 Rise and Effect reserves the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Rise and Effect's credit and fraud avoidance department. If your order is canceled after your credit card has been charged, Rise and Effect will issue a credit to your credit card in the amount of the charge.
4.4 Rise and Effect may request additional information or verification before accepting any order. By placing an order, you represent that the products ordered will be used only in a lawful manner.
4.5 Once Rise and Effect accepts your order, a contract is formed between you and Rise and Effect, subject to these Terms and Conditions. Rise and Effect will then proceed to fulfill the order as described on the website.
4.6 Users are advised to review their orders carefully before submission. Rise and Effect is not responsible for errors made by users during the order process, and any changes or cancellations to orders may be subject to additional charges or fees.
5. PRICES AND PAYMENT
5.1 All prices listed on riseandeffect.com are stated in United States Dollars (USD) and are exclusive of any applicable taxes and shipping fees unless otherwise specified. Rise and Effect reserves the right to change the prices of products or services at any time without prior notice.
5.2 Upon placing an order, the user will be required to provide valid payment details. Acceptable forms of payment will be clearly indicated at the time of checkout, which may include credit card, debit card, PayPal, or other payment methods as Rise and Effect may designate from time to time.
5.3 By providing a payment method, users represent and warrant that they are authorized to use the designated payment method and that they authorize Rise and Effect (or its third-party payment processor) to charge their payment method for the total amount of their order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or canceled.
5.4 Rise and Effect utilizes third-party payment processors to process financial transactions. By making a purchase on riseandeffect.com, users agree to be bound by the terms and conditions set forth by these third-party processors.
5.5 If any payment is not received, is declined, or is reversed after an order has been shipped, the user remains obligated to pay for the purchased items. Rise and Effect reserves the right to pursue any amounts owed to Rise and Effect by any lawful means.
6. SHIPPING AND DELIVERY
6.1 Rise and Effect, in collaboration with its third-party providers, endeavors to process and ship orders promptly. However, shipping times are estimates and cannot be guaranteed. Rise and Effect is not responsible for any delays caused by the shipping carrier, customs, or any other circumstances beyond its control.
6.2 Shipping fees are calculated based on the size, weight, and destination of the order. All shipping fees and options will be presented at the time of checkout. It is the user's responsibility to provide accurate shipping information. Rise and Effect is not responsible for orders that are lost, damaged, or delayed due to inaccurate shipping information provided by the user.
6.3 Users should be aware that when ordering products for delivery to locations outside of the United States, they may be subject to import duties, taxes, and other charges, which are levied once the package reaches the specified destination. Any such charges for customs clearance or import duties must be borne by the user, as Rise and Effect has no control over these charges and cannot predict what they may be.
6.4 If a shipment is undeliverable, the products ordered will be returned to the address from where the products was shipped at the user's expense, and the user will be notified. Costs associated with reshipping or storage will be borne by the user.
7. RETURNS AND REFUNDS
7.1 Given that each product is created upon order with the riseandeffect.com logo and to ensure product freshness and brand exclusivity, riseandeffect.com does not offer a return or refund policy. All sales are considered final upon completion of purchase.
7.2 Since our products are made to order, we cannot accept returns for items unless they are defective or an error has occurred on our third-party end. Products must remain unused and customers are asked to provide evidence of the issue.
7.3 All procedures are subject to the full Return Policy as detailed on the riseandeffect.com website. Customers are encouraged to review the comprehensive Return Policy available online to understand fully the scope and limitations of returns and refunds.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content present on riseandeffect.com, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the site, is the exclusive property of Rise and Effect or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 The Rise and Effect name, logo, and any other product or service names, design marks, and slogans used by Rise and Effect on the website are trademarks or registered trademarks of Rise and Effect. Users are prohibited from using these marks without the express written permission of Rise and Effect.
8.3 Rise and Effect grants users a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the website and its content solely for personal, non-commercial purposes. This license does not include any rights to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or sublicense any of the content on riseandeffect.com, except as expressly set forth in these Terms and Conditions.
8.4 Any unauthorized use of Rise and Effect's intellectual property, including reproducing, distributing, transmitting, displaying, or creating derivative works without Rise and Effect's written consent is strictly prohibited and may result in legal action.
8.5 Users who submit, upload, or otherwise provide any content to Rise and Effect retain their intellectual property rights in such content. However, by submitting content, users grant Rise and Effect a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content throughout the world in any media, in connection with the website or the promotion thereof.
9. PRIVACY AND DATA PROTECTION
9.1 Rise and Effect respects the privacy of its users and is committed to protecting their personal information. All information provided by users during the registration, ordering, or any other interaction with riseandeffect.com will be collected, stored, and processed in accordance with Rise and Effect's Privacy Policy.
9.2 Rise and Effect employs various security measures to protect the personal information of its users. While Rise and Effect strives to protect user information, it cannot guarantee the security of user information transmitted to the website. Any transmission of information is at the user's own risk.
9.3 Rise and Effect will not sell, distribute, or lease users' personal information to third parties unless it has users' permission or is required by law to do so. Rise and Effect may use users' personal information to send promotional information about third parties that it thinks users may find interesting if users have opted in to receive such information.
9.4 Users have the right to access, modify, and delete their personal data held by Rise and Effect. Requests for access to or correction of personal data should be directed to the contact details provided.
9.5 Rise and Effect may use cookies and other tracking technologies to collect data about users' interactions with the website. This data helps Rise and Effect improve its services and the user experience. By using riseandeffect.com, users consent to the use of these technologies.
10. DISPUTE RESOLUTION
10.1 Any disputes or claims arising out of or in connection with these Terms and Conditions, or the breach, termination, or validity thereof, shall be finally settled through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect.
10.2 The place of arbitration shall be a location mutually agreed upon by the parties, and the language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding upon both parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10.3 Neither party shall be entitled to join or consolidate disputes by or against other customers, or arbitrate any dispute in a purported class or representative capacity, or in the capacity as a private attorney general.
10.4 Notwithstanding the foregoing, Rise and Effect reserves the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the event of a breach or threatened breach of its intellectual property rights, without the need to post bond or security, and without the necessity of resorting to arbitration.
11. TERMINATION OF ACCOUNTS OR SERVICES
11.1 Rise and Effect reserves the right, in its sole discretion, to suspend, terminate, or restrict access to any user account, without any liability or notice, for conduct that Rise and Effect believes violates these Terms and Conditions or is harmful to other users of the website, Rise and Effect, third parties, or for any other reason.
11.2 Upon termination of an account, the user's right to use the website and any associated services will immediately cease. All provisions of these Terms and Conditions, which by their nature should survive termination, shall survive, including without limitation, intellectual property provisions, disclaimer of warranties, indemnification, and limitations of liability.
11.3 Users may choose to terminate their account at any time by contacting Rise and Effect via the provided contact details. Upon receipt of a termination request, Rise and Effect will take the necessary steps to close the user's account. Once an account is terminated, the user will no longer have access to their account details, history, or any other associated information.
11.4 In the event of termination or suspension, regardless of the reasons, the user's right to use the services available on the website immediately ceases, and the user acknowledges and agrees that Rise and Effect may immediately deactivate or delete the user's account and all related information.
12. ELECTRONIC COMMUNICATIONS
12.1 When users visit riseandeffect.com or send emails to Rise and Effect, they are communicating electronically. By doing so, users consent to receive electronic communications from Rise and Effect, whether by email or by notices posted on the website.
12.2 Users agree that all agreements, notices, disclosures, and other communications that Rise and Effect provides electronically satisfy any legal requirement that such communications be in writing.
12.3 Rise and Effect's primary mode of communication with users will be via email. It is the user's responsibility to ensure that they provide a valid email address and to ensure that emails from Rise and Effect are not filtered or blocked by spam filters or other types of email blocking tools.
12.4 If users opt out of receiving communications from Rise and Effect, they may not receive certain beneficial information or updates related to their account or services.
13. LICENSE AND SITE ACCESS
13.1 Rise and Effect grants users a limited license to access and make personal use of riseandeffect.com. This license does not include any rights to download (other than page caching), modify, reproduce, or resell any portion of the website's content; any collection and use of product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
13.2 The website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Rise and Effect.
13.3 Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of riseandeffect.com, so long as the link does not portray Rise and Effect, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use the Rise and Effect logo or other proprietary graphic or trademark as part of the link without express written permission.
13.4 Rise and Effect reserves the right to terminate the limited license granted herein at any time if users fail to comply with any of the provisions of these Terms and Conditions. Upon termination, users must immediately destroy any downloaded or printed materials from the website.
14. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
14.1 Users may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information to riseandeffect.com, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages.
14.2 By posting or submitting content to riseandeffect.com, users grant Rise and Effect a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users further grant Rise and Effect and its sublicensees the right to use the name submitted in connection with such content, if they choose.
14.3 By posting or submitting content, users represent and warrant that they own or otherwise control all of the rights to the content they post or submit; that the content is accurate; that use of the content supplied does not violate these Terms and Conditions and will not cause injury to any person or entity; and that the user will indemnify Rise and Effect for all claims resulting from content they supply.
14.4 Rise and Effect reserves the right, but not the obligation, to monitor and edit or remove any content or activity on riseandeffect.com. Rise and Effect assumes no responsibility and assumes no liability for any content posted by users or any third party.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
15.1 The website riseandeffect.com and all information, content, materials, products, and other services included on or otherwise made available through the website are provided by Rise and Effect on an "as is" and "as available" basis, unless otherwise specified in writing. Rise and Effect makes no representations or warranties of any kind, express or implied, as to the operation of riseandeffect.com or the information, content, materials, products, or other services included on or otherwise made available through the website.
15.2 Users expressly agree that their use of riseandeffect.com is at their sole risk. To the full extent permissible by applicable law, Rise and Effect disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Rise and Effect does not warrant that riseandeffect.com; information, content, materials, products, or other services included on or otherwise made available through the website; its servers; or electronic communications sent from Rise and Effect are free of viruses or other harmful components.
15.3 Rise and Effect will not be liable for any damages of any kind arising from the use of the website or from any information, content, materials, products, or other services included on or otherwise made available through riseandeffect.com, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
15.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to that user, and that user may have additional rights.
16. CHANGES TO TERMS AND CONDITIONS
16.1 Rise and Effect reserves the right to modify, amend, or replace these Terms and Conditions at any time and at its sole discretion. When changes are made, the updated Terms and Conditions will be posted on riseandeffect.com, and the date of the latest revision will be stated at the beginning of the Terms and Conditions.
16.2 It is the responsibility of the user to review these Terms and Conditions periodically for updates. Continued use of riseandeffect.com after any changes to these Terms and Conditions constitutes acceptance of those changes.
16.3 If a user does not agree with any changes to these Terms and Conditions, their sole recourse is to discontinue the use of riseandeffect.com. Rise and Effect is under no obligation to notify users of changes to the Terms and Conditions, and as such, it is solely the user's responsibility to stay informed about any modifications.
17. MISCELLANEOUS
17.1 Governing Law: These Terms and Conditions, and any dispute arising out of or related to them or the services or products offered on riseandeffect.com, will be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
17.2 Severability: If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17.3 No Waiver: The failure of Rise and Effect to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by Rise and Effect of any breach or default under these Terms and Conditions will be deemed to be a waiver of any preceding or subsequent breach or default.
17.4 Entire Agreement: These Terms and Conditions, together with any other legal notices published by Rise and Effect on the website, constitute the entire agreement between the users and Rise and Effect concerning riseandeffect.com. They supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the users and Rise and Effect with respect to the website.
17.5 Assignment: Users may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of Rise and Effect. Rise and Effect may assign its rights and obligations under these Terms and Conditions without restriction.
17.6 Headings: The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms contained herein.
17.7 Force Majeure: Rise and Effect shall not be liable for any failure to perform its obligations where such failure is a result of acts of nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or telephone service.
17.8 Independent Contractors: Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Rise and Effect and the users.
17.9 Notices: All notices and other communications required or permitted to be given by Rise and Effect to the users will be deemed to be properly given on the date when sent to the email address provided by the users during their registration process or as updated by users in their account settings on riseandeffect.com. Any notice or other communication by users to Rise and Effect must be sent via email to info@riseandeffect.com or by postal mail to the address specified on the website.
17.10 Contact Information: For any questions or concerns relating to these Terms and Conditions, users may contact Rise and Effect by email at info@riseandeffect.com.
