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Terms and Conditions
All customers of, and visitors to, this website are subject to, and by using or visiting this website agree that you have read, understood, and agree to be bound by, the Terms and Conditions as expressed below. You are only authorized to use or visit this website if you agree to abide by the Terms and Conditions. If you do not agree to any of these terms please do not use or visit this website. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version, which will always be posted herein. We may modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions.
Communication and Security.
In order to enable you to effectively use our website to provide a successful experience at a RISE Studio, we collect personal information of our users such as names, postal and email addresses and credit card information, when provided to us by users and visitors of our website. We may also use your email address to send updates, newsletters or other news regarding RISE. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. Although absolute security does not yet exist on the internet, we use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate.
In order to access some features of our website, you will have to create a RISE account. When you sign up to become a member, you will also be asked to choose a password. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any breach of security or unauthorized use of your account.
You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your web browser accesses our website.
Notwithstanding the foregoing, we may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when permitted or required by law, when trying to protect against or prevent actual or potential fraud or unauthorized transactions or when investigating fraud which has already taken place.
Eligibility of Use.
Membership is void where prohibited.
You must be 18 years or older to independently use or visit this site. If you are between the ages of 13 and 18, you may use or visit our website only with the involvement of a parent or guardian. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please DO NOT attempt to register on our website or send any information about yourself to us.
Termination.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Third Party Websites.
This website may contain links to third party websites that we do not own or control. We do not control and assume no responsibility for the content, privacy policies, or practices of any third party websites. By using our website, you expressly release us from any and all liability arising from your use of any third party website.
Content.
The content on this website, including the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to RISE, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to this website and the content herein. You agree to not engage in the use, copying, or distribution of any of the content on this website other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content herein or enforce limitations on use of this website or the content herein.
Trademarks.
RISE and RISEExperience and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of RISE are our property. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the our prior written permission.
Waiver and Release.
BY SIGNING UP FOR AND/OR ATTENDING RISE CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING RISE 'S PREMISES, FACILITIES AND EQUIPMENT (COLLECTIVELY, "CLASSES AND FACILITIES"), YOU HEREBY AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR EXERCISE AND IN USING INDOOR EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY RISE, IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY (1) AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE CLASSES AND FACILITIES, (2) WAIVE, RELEASE AND FOREVERDISCHARGE RISE, ITS OFFICERS, AGENTS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES, AND (3) REPRESENT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF RISE'S CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER, AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO. RISE HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING RISE'S CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO.
Limitation of Liability.
IN NO EVENT WILL RISE BE LIABLE TO YOU PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE OR ON ANY OTHER HYPER LINKED WEBSITE (WHETHER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT OR OTHER EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY RISE ON AN "AS IS" BASIS ONLY. RISE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Governing Law, Venue and Jurisdiction.
You agree that: (i) this website shall be deemed solely based in California; and (ii) this website shall be deemed a passive website that does not give rise to personal jurisdiction over RISE, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Subject to the rights to arbitration described below, any claim or dispute between you and RISE that arises in whole or in part from this website shall be decided exclusively by a court of competent jurisdiction located in _______, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
These Terms and Conditions and any other legal notices published by RISE on the website, shall constitute the entire agreement between you and RISE concerning this website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and RISE’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. RISE reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of this website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND RISE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RISE EXPERIENCE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Arbitration.
YOU AND RISE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Either RISE or you may demand that any dispute between RISE and you about or involving the RISE Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in _______, California, USA, provided that the foregoing shall not prevent RISE from seeking injunctive relief in a court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In checking the box below I agree that is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
STEP 1 - CREATE YOUR FREE RISE ACCOUNT
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Club Location:
Aliso Viejo
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