Terms & Conditions of Use

Terms & Conditions of Use
LAST UPDATED ON Aug 01, 2012

Welcome to riseassetdevelopment.com (this “Site”). This Site is provided by Rotman CAMH Social Enterprise Development (“Rotman CAMH Social Enterprise Development”, “Rise Asset Development”, “Rise”, “Rise Canada”, “we” and/or “us”) as a service to our Site users (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement”). Rise Asset Development provides you access to this Site subject to the terms and conditions of this Agreement. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Rise Asset Development reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, Rise Asset Development will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. If you apply for Rise Asset Development’s services on the Site, the Terms & Conditions of Use applicable to each application are the Terms & Conditions of Use in effect on the date that you submitted the application. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.

By using this Site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

CANADIAN USAGE

If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

COPYRIGHTS and TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Rise Asset Development or one of its respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Rise Asset Development and is also protected by Canadian, U.S. and international copyright laws.

© 2009-2012 Rotman CAMH Social Enterprise Development. All Rights Reserved.

Rise Asset Development and its partners and supporters expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Rise Asset Development’s or any third party’s intellectual property rights.

The Rise names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Rotman CAMH Social Enterprise Development. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

LINKS

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Rise Asset Development’s endorsement, sponsorship or recommendation of the third party, information, product or service. Rise Asset Development is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal use for Rise entrepreneurs, non-commercial use. You may download, copy and print one copy of the Contents and other downloadable materials displayed on this Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. All software used on this Site is the property of Rise Asset Development or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a business resource or to apply for services offered on this Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. riseassetdevelopment.com is a trade-mark of Rotman CAMH Social Enterprise Development

NOT OFFERING ANY ADVICE

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC FINANCIAL, INVESTMENT, TAX, LEGAL, ACCOUNTING, BUSINESS OR OTHER ADVICE TO YOU, AND SHOULD NOT BE ACTED OR RELIED UPON IN THAT REGARD WITHOUT SEEKING THE ADVICE OF A PROFESSIONAL. YOUR ADVISOR CAN HELP TO ENSURE THAT YOUR OWN CIRCUMSTANCES HAVE BEEN PROPERLY CONSIDERED AND ANY ACTION IS TAKEN ON THE LATEST AVAILABLE INFORMATION.

THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Rise Asset Development will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Rise Asset Development on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome).

OBJECTIONABLE CONTENT

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Rise Asset Development and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

INDEMNIFICATION

You agree to defend, indemnify and hold Rise Asset Development harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

PRIVACY

In using the Site, you agree not to send emails to individuals without their consent or post any Comments that include personal information of third parties. Rise Asset Development’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by Rise Asset Development’s Privacy Policy. Please review this privacy policy and print a copy for your records.

TERMINATION

The Agreement is effective unless and until terminated by either you or Rise Asset Development. You may terminate this Agreement at any time, provided that you immediately discontinue any further use of this Site. Rise Asset Development also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site. Upon any termination of the Agreement by either you or Rise Asset Development, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise, except for one copy of this Agreement and other materials applicable to your use of this Site or orders for products or services you have placed on the Site.

DISCLAIMER

RISE ASSET DEVELOPMENT PROVIDES THIS SITE AND THE CONTENT ON AN “AS IS, WHERE IS” BASIS AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WITH RESPECT TO THE SITE’S OR THE CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, RISE ASSET DEVELOPMENT DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, DIFFICULTIES IN USE, DEFECTS, INCOMPATIBILITY, FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE THE SOLE RESPONSIBILITY FOR TAKING PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND FOR TAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL RISE ASSET DEVELOPMENT AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY APPLICATION SUBMITTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RISE ASSET DEVELOPMENT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

GENERAL

Except for the Privacy Policy which governs any application made on this Site, this Agreement represents the complete agreement between you and Rise Asset Development in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Rise Asset Development to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Rise Asset Development’s rights with respect to such breach or any subsequent breaches. Rise Asset Development shall not be liable for any delay or failure to perform any of its obligations under these Terms & Conditions of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms & Conditions of Use to any third party without the prior written consent of Rise Asset Development. These Terms & Conditions of Use will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Rise Asset Development and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Rise Asset Development or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Copyright © 2012 Rotman CAMH Social Enterprise Development.

The Site riseassetdevelopment.com includes the pages available at m.riseassetdevelopment.com, riseassetdevelopment.ca, m.riseassetdevelopment.ca, riseassetdevelopment.org and m.riseassetdevelopment.org.

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Rise Asset Development
105 St. George Street
Toronto, ON M5S 3E6

Rise Toronto(Excluding Ottawa, Kingston, Sudbury, Niagara, and London)

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647 232 RISE (7473)

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1 855 464 RISE (7473)

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[email protected]

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613 725 3494 (ext. 118)

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519 659 2882 ext. 223

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613 544 9056

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705-673-8943

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289-438-3939 x208

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