BY ACCESSING THIS WEBSITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES HEREOF. USE OF INFORMATION AND MATERIALS.

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change at any time and wit-hout any notice by posting a revised Terms of Use on the website. Any such revision will become effective immediately upon posting. Unauthorized use of the RiseSmart.com website and systems including but not limited to unauthorized entry into RiseSmart.com systems, misuse of passwords, or misuse of any information posted on a website is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular pro-ducts and services is subject to final determination by RiseSmart and/or its affiliates.

THIS WEBSITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF RISESMART). RISESMART DISCLAIMS LIABIL-ITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE. BY PROVIDING ANY LINKS TO THIRD PARTY WEBSITES, RISESMART DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED THEREIN, NOR IS RISESMART LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM RISESMART AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE RISESMART.COM WEB SITE.

No Warranty

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED AS IS, AS AVAILABLE. RISESMART.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

Limitation of Liability

IN NO EVENT WILL RISESMART BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE, ANY INFORMATION RECEIVED FROM THE WEBSITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF RISESMART.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Ownership and Rights to Use Materials

RiseSmart does not claim ownership of information, data, text or other materials submitted by third parties (collectively, "Materials"). However, by posting Materials to any area of the RiseSmart website, you grant RiseSmart and its designees a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Materials (in whole or in part) and to incorporate such Materials into other works in any format or medium now known or later developed. We shall not be liable for any use or disclosure of any Materials.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RiseSmart infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrig-hted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RiseSmart to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is aut-horized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send RiseSmart a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to this website should be sent to RiseSmart 2201 Midway Road, Suite 324, Carrollton, Texas 75006 or info@risesmart.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Licensed Trademarks

All trademarks and registered trademarks are the property of their respective owners. Employers and their representatives who submit content to RiseS-mart.com or any of its affiliated sites, agree to grant RiseSmart and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. Employers and their representatives also grant to RiseSmart and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and license to use, reproduce, commu-nicate to the public and display the name and trademark of their organization and status as a contributor of content to the RiseSmart. Employers and their representatives warrant and represent that they have the authority to enter into this license agreement and that they are the holder of any rights, including moral rights in such content and trademarks, and that they have completely and effectively waived all such rights and validly and irrevocably granted to RiseSmart the license stated above. Subject to the foregoing, the owner of such content and trademarks submitted to RiseSmart.com retains any and all rights that may exist in such content and trademarks.