Rise Above Course Terms of Purchase - Effective date: May 1, 2023.
"Client" refers to person making the purchase.
"RA" refers to the company, Rise Above.
Terms of Purchase. Client agrees to pay RA the amount of $8,000.00 USD in a single one-time payment, or two equal payments of $4,200.00 USD, the first upon agreement, the second 30 days from initial payment. Client signature binds Client to the terms and conditions contained in this Agreement. Immediate access to the RA Course is granted to Client upon one-time payment in full, or payment of first 2-payment installment. Upon payment in full, Client is granted lifetime access to the RA Course. Client agrees to use the RA Course and all related materials for personal purposes only, and to not share, sell, or otherwise distribute RA course information, lessons, or materials in any manner.
Course Participation at Client’s Own Risk. RA DOES NOT GUARANTEE CLIENT WILL ACHIEVE ANY SPECIFIC PERSONAL, PROFESSIONAL OR FINANCIAL RESULTS BY CLIENT’S PARTICIPATION IN THE RA COURSE. RA DOES NOT GUARANTEE THAT CLIENT WILL EARN ANY SPECIFIC AMOUNT OF INCOME AS A RESULT OF CLIENT’S PARTICIPATION IN THE RA COURSE. RA MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES CONCERNING THE VIABILITY OF ANY GOALS, ASPIRATIONS, OR ENDEAVOURS CLIENT MAY IDENTIFY OR CHOOSE TO PURSUE DURING, OR AS A RESULT OF, CLIENT’S PARTICIPATION IN THE RA COURSE OR CLIENT’S RECEIPT OF RA SERVICES. CLIENT AGREES TO PARTICIPATE IN THE RA COURSE AT CLIENT’S OWN RISK. COURSE INFORMATION AND MENTORING/COACHING SERVICES ARE USED AT CLIENT’S OWN RISK. CLIENT IS SOLELY RESPONSIBLE FOR ANY DECISIONS AND ACTIONS THAT RESULT FROM CLIENT’S USE OF THE RA COURSE INFORMATION AND MENTORING/COACHING SERVICES. RA DOES NOT PROVIDE PSYCHOLOGICAL, FINANCIAL, OR INVESTMENT ADVICE.
Term, Termination, Survival.
Term. This Agreement shall commence upon payment in full or first of two payments, and shall continue for a period of 6 months, or Client completion of the RA Course, whichever comes sooner, unless terminated by one or both Parties as provided in section "Termination” below.
Termination. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Unless otherwise mutually agreed to by the Parties, termination will not release either Party from any obligations that arose prior to the date written notice of termination was given. In addition to any remedies that may be provided in this Agreement, RA may immediately terminate this Agreement, upon notice to Client if Client:
- Fails to pay any amount when due under this Agreement; and/or,
- is in material breach of this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured within ten (10) days following Client’s receipt of notice of such breach from RA.
Survival. Any provision or covenant in this Agreement which expressly or by its nature imposes obligations beyond the expiration or termination of this Agreement (regardless of cause for termination), will survive such expiration or termination.
Refunds. No refunds of payments by Client, in full or in part, will be granted.
Ownership Rights and Proprietary Information. Rise Above owns all rights, title, and interest related to any and all works of authorship, designs, know-how, ideas, course materials, products, services, and information in the RA Course and materials. Client agrees that all materials provided to Client as part of the RA Course, which are confidential and proprietary in nature, will be held in confidence and not disclosed by Client to anyone, at any time, for any reason.
Intellectual Property. All trademarks, service marks, trade names, logos, patents, and copyrighted materials associated with the RA Course (“Rise Above IP") are the property of Rise Above. Client agrees not to interfere or infringe upon the Rise Above IP by, among other things, the following:
- duplicating or creating works (including any derivative works) that are the same, or substantially similar to, the Rise Above IP;
- registration, creation, or use of trademarks, service marks, or domain names that are the same or substantially similar to the Rise Above IP;
- use, manufacture, import, or sale of any product or service that infringes upon the Rise Above IP; and
- any action that would pass off, or create the appearance of, an association with, or endorsement by, Rise Above. Client may not advertise, promote, post, or otherwise hold itself out as having completed the RA Course if Client has not received notification of course completion from RA.
Consent to Use Likeness. By taking the RA Course, Client expressly grants RA the right to capture, record, replicate, reproduce, publish, and otherwise disseminate Client’s name and likeness, in video, audio, digital, or other format, derived from Client’s use of the RA Course or in events associated with Client’s use of the RA Course for use by RA in any and all promotional, educational, or marketing material.
Indemnification. Client agrees to indemnify, hold harmless and defend RA against any and all claims, expenses, costs, causes of action, and damages, including those for personal injury, and reasonable legal fees relating to Client’s use of the RA Course or related to Client’s material breach of this Agreement.
Limitation of Liability. RA shall not be liable for any indirect, incidental, special, or consequential damages of any nature related to Client’s use of the RA Course.
Modification. Client acknowledges and agrees that Rise Above may change the RA Course at its sole and absolute discretion. If any change to the RA Course is unacceptable to Client, Client’s sole recourse is termination of this Agreement. Client’s continued use of the RA Course following notification of a change to the RA Course will constitute Client’s binding acceptance to any such changes.
Dispute Resolution. Any dispute or claim arising out of, or related to, this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the Canadian Arbitration Association (the “CAA") with the appointment of a single arbitrator.
The CAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Agreement or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Medicine Hat, Alberta. Both Parties hereby irrevocably consent to CAA arbitration in Medicine Hat, Alberta, as well as the jurisdiction of the courts located in Medicine Hat, Alberta for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding, and non-appealable. All awards may be filed with one or more courts, provincial, federal, or foreign, having jurisdiction over the Party against whom such award is rendered or such Party’s property.
General. This Agreement is binding on the Parties. It is not assignable or transferable, by operation of law or otherwise, by Client. This Agreement shall be interpreted according to the laws of the Province of Alberta. If either Party fails to enforce this Agreement on one occasion, it will not be prohibited from enforcing this Agreement on another occasion.
No Party shall be liable or deemed to be in default for any delay or failure to perform under this Agreement or for interruption of its obligations under this Agreement, except for payment obligations, resulting directly or indirectly from any cause beyond such Party's reasonable control.
This Agreement sets forth the entire understanding of the Parties, and supersedes all prior agreements and undertakings, both written and oral, between the Parties, with respect to the subject matter hereof. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, then such provision shall be considered separate and severable from this Agreement and the remainder of this Agreement shall not be affected by the severance but shall fully remain in force and binding upon the Parties and enforceable to the fullest extent of the Law.
This Agreement may be executed by the Parties in separate counterparts, electronically or otherwise, each of which when so executed and delivered will be treated as binding as if originals, and which, if taken together, shall constitute one and the same instrument.
Purchase of RA Course constitutes Client's Agreement to these terms.