Welcome to the Rise Clothing LLC (“Rise”) website, www.riseclothing.com (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of us, which govern your use of the Site (the “Terms”).
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Rise and other trademarks appearing on the Site are the trademarks of Rise Clothing LLC and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote Rise’s products and services available in the United States. The Site is controlled and operated by Rise from its offices in Cincinnati, Ohio.
The content on this Site does not promote or otherwise advertise gambling or gaming. Rise is not responsible for any problems that may result from your engaging in any activities described on the Site or from any information you obtain from the Site.
User Comments, Feedback, and Other Submissions
Rise is pleased to hear from users and welcomes your comments regarding our products and services. Rise’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misundertandings when projects developed by Rise’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Rise may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Rise. Rise is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Rise has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Rise or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Rise takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Sites
Rise respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Rise’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Rise to locate the material.
- Information reasonably sufficient to permit Rise to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Rise’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attention: Susan Weller, Esq.
701 Pennsylvania Avenue
Washington, DC 20004
The prices displayed on the Site are quoted in U.S. Dollars.
Certain products may have limited quantities and are subject to return or exchange only through the Site according to the Rise return policy.
Unwashed or unworn merchandise may be returned to Rise Clothing, 2719 Erie Avenue, Cincinnati, Ohio 45208 within 14 days of receipt for an exchange or refund. All garments are subject to inspection. Shipping costs are not refunded.
Please use the most economical shipping method when returning a garment to us. You will be responsible for shipping your return. Shipping costs are non-refundable. Please use a traceable shipping service for your return.
Returns and exchanges will only be accepted with a completed return form found on the FAQ page of the website. Follow the easy steps, print the final page and include it in your return box. All returns must have the invoice in order to process the return. Please be aware that headwear cannot be returned or exchanged at any time.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of Rise. Rise has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Rise expressly disclaims any duty to update or revise the materials on the Site, although Rise may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Rise shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Rise harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Choice of Law
These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts of the Commonwealth of Massachusetts, Suffolk County. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Rise’s right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms constitutes the entire agreement between us relating to your use of the Site.