Legal

Branding

Copyright Ownership

In the event that any copyrighted work(s) are created as a result of the Services provided by Designer in accordance with this Agreement, Designer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Designer and may be used in the reasonable course of Designer's business.

Limit of Liability 

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer. Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Designer shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. Indemnification. Client agrees to indemnify, defend and hold harmless Designer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Designer provides to Client. 

Permitted Uses of Product(s)

Designer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Designer with attribution each time Client uses Designer's property. Personal use includes, but is not limited to, use within the following contexts: 1. Client may not copy, duplicate, distribute, republish, or incorporate the Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project.  2. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Designer. The Client agrees that such proprietary material is solely for Client’s own personal use.  3. Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.

Artistic Release

Client has spent a satisfactory amount of time reviewing Designer's work and has a reasonable expectation that Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency

Designer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Designer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: 1. Every client  is different, with different tastes, budgets, and needs; 2.  Services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique; 3. Designer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; 4. Although Designer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.

Changes

Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Designer’s standard rate per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadline as required by such Changes. 

Cancellations

Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Rise & Shine Consulting. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Rise & Shine Consulting retains ownership of all copyrights and original work created.

Confidentiality

It is Designer’s policy to respect your privacy regarding any information collected. Before or at the time of collecting personal information, the purposes will be identified for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

Impossibility

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to: 1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or 2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or 3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services

In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: 1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and 2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and 3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

The laws of Florida govern all matters arising out of or relating to this Agreement, which may be enforced in the Sixth Judicial Circuit Court, Pinellas County, Florida, with the prevailing party in any such dispute entitled to receive its reasonable attorney fees and costs incurred. Severability If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. Notice Parties shall provide effective notice (“Notice”) to each other via the email addresses set forth above, deemed delivered at the date and time which the Notice is sent, which may be verified by a printout of the “sent” email.

Website Terms and Conditions

Updated: November 3, 2024

PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to www.riseandshineconsultingll.com and its sub-domains and affiliated sites, as well as Rise & Shine Consulting, LLC (“our”, “us” or “we”) pages and accounts on Facebook®, Instagram®, Pinterest®, Twitter®, LinkedIn®, Google Plus® and YouTube® (the “Sites).

Please read both these Terms and our Privacy Policy carefully.

By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, you must cease using the Sites immediately. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made. 

1. SITE CONTENT AND OPERATION

Rise & Shine Consulting, LLC exclusively owns and controls the Sites, which provides information about our products and services and may, from time to time, provide access to educational materials pertaining to web design, online business and marketing, etc. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise as to availability. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited.

Our Sites are intended for use by persons who are a minimum of 18 years old. You must not copy, share, or disseminate the information on our Sites which are subject to copyright for which all rights are reserved.

We do not represent that the content on our Sites will be available or appropriate in all locations worldwide. Our Sites are written in English, and we do not take responsibility for any translations which are applied to our Sites.

The general accessibility elements of our Sites are available free of charge. Albeit we do have courses which can be accessed in consideration for payment of the course fee. We do not guarantee the availability of any of our Sites or the content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Sites are to be suspended. 

We do not guarantee that the Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Sites. You should use your own virus protection software. 

2. ARTIFICIAL INTELLIGENCE (“AI”) DISCLAIMER

We may use AI technology to supplement or enhance content throughout the Sites and related materials. This may include, but is not limited to, AI-generated images, audio, or text (“AI-Generated Content”). However, while these tools may be used to suggest or enhance Site Content, all published content on the Sites or correspondence is wholly human, including but not limited to all opinions, thoughts, and ideas. As such, we expressly retain all copyright ownership to the Site Content. By visiting the Sites, you agree and acknowledge that we are not required to notify you when or how AI technologies are used. 

While we have made reasonable efforts to ensure the accuracy and completeness of AI-Generated Content, you agree and understand that we expressly disclaim the accuracy of AI-Generated Content, including any and all liability for any errors or omissions in the Content produced by AI technology, and expressly advise that you exercise caution when relying on such content. As with all Site Content, you agree that use or access to any of the information provided on or knowledge gleaned from the Sites, including AI-Generated Content, does not create any sort of representation or future promise, and that use of any AI-Generated Content on the Sites is at your own risk. 

We reserve the right to modify or remove any AI-Generated Content at any time without notice. If you have any questions or concerns about the accuracy of AI-generated content, please contact us at hello@riseandshineconsultingllc.com for more information. 

3. INTELLECTUAL PROPERTY

Unless explicitly stated otherwise, as between you and Rise & Shine Consulting, LLC. Rise & Shine Consulting, LLC owns all rights, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites.

Our name, Rise & Shine Consulting, LLC and all related names, product and service names, logos, slogans and designs are my trade marks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trade marks of their respective owners and should not be used without those respective owners’ permission.

4. THIRD PARTY RIGHTS

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Rise & Shine Consulting, LLC either by permission or as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

5. LINKING TO OUR SITES

Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Rise & Shine Consulting, LLC; (ii) present false or misleading information about riseandshineconsultingllc.com; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

6. ADVERTISEMENTS, LINKS AND AFFILIATE LINKS

We may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not our own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out to us with any questions you may have regarding affiliate links.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Rise & Shine Consulting, LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Rise & Shine Consulting, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

7. DISCLAIMER AND LIMITATION OF LIABILITY

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. RISE & SHINE CONSULTING, LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON- INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR USE OF THE SITE IS BORNE BY YOU.

PLEASE ESPECIALLY NOTE: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.

LIMITATION OF LIABILITY: Nothing in this disclaimer will limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.

8. COOKIES

Our Sites utilize cookies; small files of letter and numbers that are automatically placed on your machine – if you agree - to help our Sites provide a better user experience. Cookies do not typically include identifying personal information, but cookies may also be linked to personal information which is stored about you.

We use cookies to retain your user preferences, store information from elements of our Sites such as shopping carts, and to provide anonymized tracking data to third party applications including Google Analytics, Facebook Pixel, and Instagram Ads. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.

In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site. Except for essential cookies, all cookies expire within a reasonable period of time.

9. CHOICE OF LAW AND JURISDICTION

The laws of Florida govern all matters arising out of or relating to this Agreement, which may be enforced in the Sixth Judicial Circuit Court, Pinellas County, Florida, with the prevailing party in any such dispute entitled to receive its reasonable attorney fees and costs incurred. Severability If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. Notice Parties shall provide effective notice (“Notice”) to each other via the email addresses set forth above, deemed delivered at the date and time which the Notice is sent, which may be verified by a printout of the “sent” email.

10. YOUR COMMENTS AND CONCERNS

Should you provide us with any information about yourself, including your name and email address you agree to provide accurate and up to date details.

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: hello@riseandshineconsultingllc.com. Thank you for visiting the Sites!

TERMS AND CONDITIONS OF PURCHASE

These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets out your rights and responsibilities for accessing the Spark Package, Glow Package, Radiance Package, and any or all of the Bundles offered on www.riseandshineconsultingllc.com, and its sub-domains and affiliated sites, as well as Rise & Shine Consulting, LLC. (“Rise & Shine Consulting” “our”, “us” or “we”) pages and accounts on Facebook®, Instagram®, Pinterest®, Twitter®, LinkedIn®, Google Plus® and YouTube® (the “Sites).

We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. These terms apply to all purchases made from our Sites and in proceeding to make a purchase you accept our terms in full. In addition to reading these Terms and Conditions of Purchase you should also ensure that you have read both our Terms and Conditions of Site Use and our Privacy Policy carefully.

These Terms and Conditions constitute a legally binding contract between Rise & Shine Consulting, LLC (“Rise & Shine Consulting”) and other associated materials and sites linked hereto and operated or controlled by Rise & Shine Consulting, LLC (herein also referred to as “Company”), and you regarding your purchase of video content, website content, and printable materials (herein referred to as the “Courses” “Packages” or “Bundles”). The packages shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). The individual agreements between the Company and you together with these Terms and Conditions of Purchase, the Terms and Conditions of Site Use, and the Privacy Policy are collectively referred to herein as this “Agreement.”

By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Packages.

1. APPLICABILITY

For all orders via the Company’s online shop by consumers, entrepreneurs and businesses, the following Terms and Conditions of Purchase shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms and Conditions of Purchase.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur and/or business is a natural person, a legal partnership, or legal corporation that, when entering into a legal transaction, does so for commercial or independent professional activity.

With regard to entrepreneurs and businesses, these terms and conditions also apply to future business relationships.

2. CONTRACT PARTIES, CONCLUSION OF CONTRACT & CONTRACT LANGUAGE

The contract of purchase is with Rise & Shine Consulting, LLC. Please see the imprint on the website or the confirmation e-mail of the Company for further information and contact details.

You are obliged to use your correct name and to provide only true and complete information and data on your order.

The listings of products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.

By clicking “Buy Now” “Enroll in Course” “Purchase” or similar in the last step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Shortly after submitting your order you will receive a confirmation by e-mail. The contract is entered into and legally binding for both parties only upon receipt of the Company’s confirmation e-mail confirming the availability of the products ordered.

You must read the course descriptions on our Sites carefully as they clearly set out the details relating to product and service offerings you will receive. If at any time you experience technical difficulties when using our course you should contact us via email hello@riseandshineconsultingllc.com and one of the team shall respond to your query within 1-2 working days.

The exclusive language available for the conclusion of the contract shall be English. Translations of these Terms and Conditions of Purchase into other languages are for information only.

3. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT

You may access these Terms and Conditions of Purchase at any time by visiting https://riseandshineconsultingllc.com/legal.

We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. The modified terms and conditions will be accessible to you at https://riseandshineconsultingllc.com/legal. If you have any questions, please contact us directly at hello@riseandshineconsultingllc.com

4. PRICES & PAYMENT TERMS

In our online shop you can make use of the following payment methods:

Credit card

If you choose to pay in full or pay with a payment plan, you may use the option to pay by credit card. 

By submitting the order, you also submit your credit card details.

After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.

If you choose to pick the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the terms further outlined below. If you choose to purchase with the payment plan option, Rise & Shine Consulting, LLC retains the right to suspend access to any package if payments are not made when they are due. Further, if at any time there is a past due payment, access to the package will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, as necessary and reasonable, on any outstanding balance.

Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.

All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes.

Listed prices do not include taxes. You will have notice of all such applicable taxes by reviewing your course total in your shopping cart and in your order confirmation e-mail.

We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

5. REFUNDS/MONEY-BACK GUARANTEE

“Spark Package”, “Glow Package” and “Radiance Package”:

To request a refund, email hello@riseandshineconsultingllc.com within 7 days of your purchase to set up a call with our team to let us know how we can improve.

If, within those 7 days, you feel the package is not the right fit for you, we’ll happily refund the money you’ve paid us under this Agreement less any external fees and reasonable expenses and costs subject to the following conditions:

In order to qualify for a refund, you must: 

  • Deadline to Apply for Refund: To be eligible for a refund, you must submit your request by 11:59pm EST on the 7th day from when you purchased the package. The deadline exists because if you sign up for the package, we want you to get a chance to have a consultation and decide if we are the right fit for you. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you before purchasing, as the refund does have a firm deadline.

  • Be willing to participate in a call with our team: We are constantly looking for ways to improve our offerings. When you contact our team for a refund, you will be provided with a link to schedule a time to chat so we can better understand what you felt was missing from the package. After speaking with our team, we will happily refund your money less any fees outlined above. The call must happen within 3 working days of your initial contact/email to be eligible for a refund.

  • Company Discretion: All refunds are provided in accordance with your statutory refund rights and notwithstanding, are provided within the Company’s sole discretion as to whether to grant or deny the refund request. 

Live classes:

No refunds are offered for live masterclasses & workshops on the basis that you change your mind or can no longer attend.

Bundles:

Due to the instant access of these digital products, no refunds are offered for any Bundles.

6. PARTICIPANT COMMITMENT

All Course participants shall interact and engage with other participants on the course and on the Rise & Shine Consulting, LLC team in a manner which is at all times respectful and honest.

All participants are requested to be kind and courteous to others in courses and on the Rise & Shine Consulting, LLC Sites at all times.

Rise & Shine Consulting, LLC reserves the right to remove any participant from a course and, if applicable to that course; community groups as well, immediately should the Rise & Shine Consulting, LLC team consider that there has been inappropriate behavior. No refund or partial refund shall be given for a student removed from a course or community group due to inappropriate behavior.

All intellectual property rights within course materials and training videos are owned by Rise & Shine Consulting, LLC and the reproduction, distribution, whether by gift or sale, of any information or materials provided is strictly prohibited.

7. INTELLECTUAL PROPERTY

You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Packages and Bundles that are owned by Rise & Shine Consulting, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Rise & Shine Consulting, LLC will prosecute such misconduct to the fullest extent permitted by law.

Rise & Shine Consulting, LLC provides you with the Products solely for your own personal, non-commercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Rise & Shine Consulting, LLC’s rights or that has not been authorized by Rise & Shine Consulting, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Rise & Shine Consulting, LLC, the Products, or the Product Content, or infringe on any of Rise & Shine Consulting, LLC’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Rise & Shine Consulting, LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Rise & Shine Consulting, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Rise & Shine Consulting, LLC (the “Rise & Shine Consulting, LLC Trade Marks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Rise & Shine Consulting, LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trade marks, without our prior written permission specific for each such use. Use of the trade marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Rise & Shine Consulting, LLC Trade Marks inures to our benefit.

8. THIRD-PARTY MATERIALS AND WEBSITES

Rise & Shine Consulting, LLC may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Rise & Shine Consulting, LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Rise & Shine Consulting, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Rise & Shine Consulting, LLC will not be liable for your improper use of third-party materials and websites.

In instances where we utilize third party affiliates in the delivery of services, the affiliate may be responsible for the delivery of some or all of the product or services. Details relating to affiliate involvement will be itemized at the point of sale. Please also see our privacy policy in respect of how your data is handled where there is a third party affiliate involved.

Any affiliate links on our site will be clearly marked. We choose all of our affiliate partnerships carefully. Where we are an affiliate we may receive a small commission however, you will never be charged more because of an affiliate arrangement we have in place. We encourage you to reach out with any questions you may have regarding affiliate links and how they are utilized and/or how our affiliate arrangement may impact you.

9. REPRESENTATIONS AND WARRANTIES

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PACKAGES AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, RISE & SHINE CONSULTING, LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR PERSONAL USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCT(S), YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PACKAGES, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PACKAGES, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

10. LIMITATION OF LIABILITY

Nothing in this Agreement will:

  • Limit or exclude any liability for death or personal injury resulting from negligence; 

  • Limit or exclude any liability for fraud or fraudulent misrepresentation;

  • Limit any liabilities in any way that is not permitted under applicable law; or 

  • Exclude any liabilities that may not be excluded under applicable law.

You accept that as part of your participation in any of our Packages, you may be required to review and make decisions concerning your business and career, finances, lifestyle, education, development, health, and wellness, and that any such reviews, subsequent decisions, implementation, and action will be the sole responsibility of you.

You accept and understand that you are solely responsible for your decision making and Rise & Shine Consulting, LLC shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your participation in the Package.

You agree and understand that participation in the Package does not guarantee results or success. The Company has made every effort to accurately represent the Package. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. Rise & Shine Consulting, LLC makes no guarantee, representation, or warranty with respect to the services provided.

Data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.

11. GOVERNING LAW

The laws of Florida govern all matters arising out of or relating to this Agreement, which may be enforced in the Sixth Judicial Circuit Court, Pinellas County, Florida, with the prevailing party in any such dispute entitled to receive its reasonable attorney fees and costs incurred. Severability If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. Notice Parties shall provide effective notice (“Notice”) to each other via the email addresses set forth above, deemed delivered at the date and time which the Notice is sent, which may be verified by a printout of the “sent” email.

12. INDEMNIFICATION

To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.

13. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Rise & Shine Consulting, LLC’s intellectual property rights and confidential and proprietary information by you, Rise & Shine Consulting, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Rise & Shine Consulting, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.

14. COMPLIANCE WITH LAW

The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

15. NO WAIVER

If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.