All Rise Media LLC Main Terms of Use

January 1, 2022

1. General Information Regarding These Terms of Use

Thank you for your interest in All Rise Media LLC (“All Rise Media”, “ARM,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these main terms of use (“Main Terms”) apply to your use of all our websites including without limitation https://www.par-ity.com together with all other subdomains thereof (“Website”), and all products, services, information, and other offerings provided or offered through the Website or our social media accounts (“Services”).

In addition to the Main Terms, your use of the Website and Services may also be subject to specific written terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Main Terms, then the Additional Terms shall apply in relation to the relevant Service.

The Main Terms, together with any Additional Terms, form a binding legal agreement between you and All Rise Media in relation to your use of the Website and Services. Collectively, this legal agreement is referred to below as the “Terms.”

2. Your Agreement to the Terms

BY ACCESSING OR USING THE WEBSITE OR ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using the Website or any of the Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website and the Services. If you do not agree to the Terms, you are not authorized to use the Website or any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

3. Changes to the Terms

From time to time, All Rise Media may change, remove, or add to the Terms, and reserves the right to do so in its sole discretion. In that case, we will post updated Terms. All new and/or revised Terms shall take effect immediately and apply to your use of the Website and Services from that date on. Your continued use of the Website and any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

4. No Legal Advice

All Rise Media is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Communicating with us or using the Website or any of the Services does not constitute legal advice or create an attorney-client relationship.

5. Content Available through the Services and License to Use

You acknowledge that All Rise Media does not make any representations or warranties about the material, data, opinions, advice, and information provided, including without limitation, data files, text, computer software, code, music, audio files or other sounds, photographs, videos, and other images which you may have access to as part of, or through your use of, the Website, Services, and our social media accounts (“Content”). All Content is offered AS IS. Under no circumstances is All Rise Media liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You understand that by using the Website and the Services, you may be exposed to Content that you may disagree with or is objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Website and the Services, including your responsibility to provide proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

We grant you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website, the Services, and the Content conditioned on your continued compliance with these Terms. You may print and download materials and information from the Website solely for your personal use or other educational purposes, provided that attribute the work to us. If you have questions about your use of this information, please contact us at CathyAndDeborah@par-ity.com

6. Content Supplied by You

You represent, warrant, and agree that no Content posted or otherwise shared by you on or through the Website, Services, or our social media accounts (“Your Content”) violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You further agree that we may use Your Content on our Website, for our Services, or in our Content.

All Rise Media may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from the Website, Services, or its social media accounts in its sole discretion.

7. Participating in the ARM Community

By subscribing to our email list or using the Website or Services, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Subscribing to our email list or using the Website or Services does not make you a member, owner, shareholder, agent, or affiliate of All Rise Media for any purpose.

All Rise Media reserves the right to modify or discontinue your participation on the email list or any other participation with us, at any time, for any reason or no reason at all.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

Violating laws and rights:

You may not (a) use the Website or any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Disruption:

You may not use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You may not post or transmit Content on or through the Website, Services, or our social media accounts that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You may not intimidate or harass another through the Website, Services, or our social media accounts; and, you may not post or transmit any personally identifiable information about persons under 18 years of age on or through the Website, Services, or our social media accounts.

Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; You may not use or attempt to use another’s account or personal information without authorization; and You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL RISE MEDIA OFFERS THE WEBSITE AND THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL RISE MEDIA DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBISTE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY ARM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL RISE MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE WEBSITE AND THE SERVICES INCLUDING WITHOUT LIMITATIONS, THE ACCURACY OR RELIABILITY OF THE CONTENT.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALL RISE MEDIA BE LIABLE TO YOU ON ANY LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ALL RISE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL RISE MEDIA IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THE CONTENT) OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE, SERVICES, OR SOCIAL MEDIA ACCOUNTS.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless All Rise Media, its members, employees, officers, directors, affiliates, advisory board, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) Your Content, or (c) your use of any of the Website, the Services, and the Content.

12. Privacy Policy

All Rise Media is committed to responsibly handling the information and data we collect through the Website and our Services in compliance with our Privacy Policy, which is incorporated by reference into these Main Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

13. Trademarks

All rights in the product names, service names, company names, trade names, logos, service marks, trade dress, slogans, and designs of the Website, Services, and Content, whether or not appearing in large print or with the trademark symbol, belong exclusively to All Rise Media or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other trademarks that may be used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.

14. Copyright Complaints

All Rise Media respects copyright laws. To report allegedly infringing Content hosted on the Website or otherwise published in connection with the Services, please let us know at CathyAndDeborah@par-ity.com..

15. Termination

All Rise Media may modify, suspend, or terminate the operation of, or access to, all or any portion of the Website or Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by All Rise Media at any time and for any reason.

If you wish to terminate this agreement, you may immediately stop accessing or using the Website or the Services at any time.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. Furthermore, your warranties and indemnification obligations will survive for the longest period permitted by applicable law..

16. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of Indiana in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between All Rise Media and you concerning these Terms, and/or any of the Services may be brought only in a federal or state court of competent jurisdiction sitting in the Southern District of Indiana, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and All Rise Media as a result of the Terms or from your use of any of the Services.

Integration: These Main Terms and any applicable Additional Terms constitute the entire agreement between you and All Rise Media relating to this subject matter and supersede any and all prior communications and/or agreements between you and All Rise Media relating to access and use of the Services.