Courage to Rise LLC Terms & Conditions
Date Updated: May 2023
These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to the purchase, use, or access of any of the courses (collectively, the “Course”).
When you purchased the Course from Courage to Rise LLC (“Courage to Rise”), you were given a reasonable notice that these Terms and Conditions of Use existed (“Terms”). By moving forward with your purchase of the Course and further access of the Course, you voluntarily agreed and continue to agree to abide by these Terms.
You hereby irrevocably and unconditionally agree for yourself, your personal representatives, your heirs, next-of-kin, insurers, successors, and assigns, as follows:
The Course will include the aspects as described at the time of purchase.
You will have lifetime access to the Course. In the event the Course migrates to a new platform, access will be provided to such new platform.
You acknowledge that as part of the Course you have been informed that you may be asked to post in a private forum for the Course, set up an online account with personal information (including your full name and profile photo), create a public user name, provide a testimonial, or be otherwise recorded, with the exception of any community member’s Confidential Information, unless you voluntarily disclose such information in a public forum, for Courage to Rise’s advertising, promotion, and any other commercial and business purposes Courage to Rise may deem fit (the “Content”). You grant your irrevocable consent to Courage to Rise, the right to use and publish, in whole or in part, the Content, which may include the public display of your name and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. You understand that the Content will be the sole property of Courage to Rise, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Courage to Rise, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, and release them from any and all liability whatsoever related to the Content.
General Disclaimer. To the fullest extent permitted by law, Courage to Rise, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with the Course, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you by Courage to Rise, any contributors, and any of the other Course participants. You take full responsibility for your business’ health, your personal health and well-being, your actions and decisions, and your personal care during the Course. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Educational and Entertainment Purposes Only. Courage to Rise and our contributors are not medical, legal, financial or other professionals, or if we are, during the terms of this Course and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Course. This Course is for educational and entertainment purposes only. None of the Course or its related material(s) should be construed as medical, legal, financial, or other professional advice.
No Guaranteed Outcomes. There is absolutely no guaranty of success as a result of participating in this Course. You understand that outcomes of the Course can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Course process.
Community Contributions. The opinions expressed by community members on as part of the Course are expressed strictly in their individual capacities, and not on the behalf of Courage to Rise or our representatives, sponsors, or partners. The opinions you or others post on this platform do not necessarily reflect our opinions. However, Courage to Rise does have the right remove discriminatory, hateful, or explicit content in our sole discretion.
Content Warning. The content in this Course may push you beyond your comfort zone, so please take appropriate steps to protect your mental health and expectations. Additionally, please note that you are responsible for your own individual health and mindset, and you may choose not to participate at any time if you are genuinely uncomfortable with the material.
WAIVER AND RELEASE OF LIABILITY.
You fully and forever release and discharge Courage to Rise, as well as any of its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, contributors, any of the Course community members, the venue, and all others involved in the Course (collectively “Released Third Parties”), as applicable, from any and all injuries (including death), losses, damages, claims, demands, lawsuits, costs and expenses, including legal fees and expenses, and any other liability of any kind, of or to me, your property, or any other person, directly or indirectly arising out of or in connection with your participation in and use of the Course, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
AGREEMENT NOT TO SUE; INDEMNITY.
You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against Courage to Rise or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless Courage to Rise and Released Third Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under these Terms, (iii) you will indemnify, defend and hold harmless Courage to Rise and Released Third Parties for any and all claims or demands, including reasonable attorney's fees, that arise from or otherwise relate to use of the Course and related materials, and (iv) your violation of these Terms or the rights of another.
You acknowledge that you are committing to the Course as well as the entire financial investment listed on the website at the time of purchase.
If available, You may pay by payment plan as specified during purchase. If you select to pay by payment plan, you must make your final payment before the Course concludes. In the event any payment on such payment plan becomes past due, you have three (3) days to cure your breach, before your use of the Course will be permanently terminated by Courage to Rise with no refund for prior amounts paid. Courage to Rise has the right to collect all outstanding payments plus reasonable costs of collection, including attorney’s fees.
You shall pay interest on all late payments, calculated daily and compounded monthly at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable Law.
You understand that you may not transfer or designate a surrogate for use of the Course.
You understand that you are free to cease your participation in and use of the Course at any time. However, you will not receive a refund for the remainder or any portion of the Course. You understand that no refunds will be provided in the event of your decision or failure to use the Course for part thereof for any reason.
In order to foster a supportive and productive environment, during the Course the following content standards apply to any and all contributions and communication among the Course community members and Courage to Rise’s team (“Community Contributions”). Community Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Community Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) promote any illegal activity, or advocate, promote, or assist any unlawful act (iv) infringe or misappropriate the intellectual property rights privacy, or publicity rights of others, or (v) contains harmful content such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with a system, program, data, or personal information. If the Courage to Rise is made aware of and determines that Community Contributions have violated these Content Standards, Courage to Rise will take commensurate action to restore a supportive and productive environment, including the removal of the community member who violated these Content Standards from the Course, without any refund.
CONFIDENTIALITY AND NON-DISCLOSURE.
You understand that Courage to Rise’s written, and recorded materials are protected by United States intellectual property laws, and you agree not to copy, reproduce or distribute any such materials for any reason without Courage to Rise’s prior written consent. To honor and protect Courage to Rise’s intellectual property, you agree not to disclose, reproduce or distribute this Course’s written materials, techniques or methods to any third party without Courage to Rise’s prior written consent (“Prohibited Activity”).
If you engage in a Prohibited Activity without prior written agreement from Courage to Rise, you shall pay to Courage to Rise an amount of ten (10) times the Course price, per day, from the first day of such breach until you cure such breach (the "Liquidated Damages"). The parties intend that the Liquidated Damages constitute compensation, and not a penalty. The parties acknowledge and agree that the Courage to Rise’s harm caused by a breach would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from such a breach.
Subject to and in accordance with these Terms and other guidelines or instructions Courage to Rise includes in the Course, Courage to Rise grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices.
Courage to Rise reserves the right to terminate your access to the Course at any time if Courage to Rise finds that you have violated these Terms.
You understand that the terms of these Terms shall survive the termination or completion of the Course.
Courage to Rise shall not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic; (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions; (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Courage to Rise or contributors. Courage to Rise shall give notice as soon as reasonably possible to all of the Course community members of the occurrence of a Force Majeure Event. Courage to Rise shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. Courage to Rise shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.
In the unlikely event of a dispute arising from or relating the Course or these Terms, the dispute shall be settled by binding arbitration in Colorado, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.
LIMITATION OF LIABILITY.
YOUR USE OF THE COURSE IS AT YOUR OWN RISK. NEITHER, COURAGE TO RISE NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COURSE AND THE INFORMATION AVAILABLE ON THE COURSE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE COURSE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COURAGE TO RISE AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE COURSE AND THE INFORMATION AVAILABLE THEREIN.
Courage to Rise may amend these Terms from time to time. It is your responsibility to check this website periodically for changes to these Terms. If Courage to Rise does amend these Terms, the date at the top of this website indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on this website, and from then on will govern the relationship between you and Courage to Rise in respect of your use of this website. Continued access will constitute agreement to the updated Terms.
CHOICE OF LAW.
These Terms shall be governed by the laws of the State of Colorado without regard to its conflicts of law provisions. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be fully severable, and these Terms shall be construed and enforced as if such provision had never comprised a part of these Terms.
These Terms represent the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and your heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives.
ALL RIGHTS RESERVED.
All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Courage to Rise.
If you have any questions about any term of these Terms and Conditions of Use, please contact us at [email protected].