Last Updated: 27 Jan 2025
Welcome to Rise2Now. Please take time to read these Terms of Service ("Terms") carefully.
These Terms of Service ("Terms" or "User Terms") are entered into and agreed to by Rise2Now ("Rise2Now," "We," or "Us") and all users (“User” or “You”) of the Rise2Now website (the "Site") and the related services provided (the "Services") as a condition of accessing and using those Services. These Terms govern your use of the Site and Services, including access to our resources and any content we provide.
By accessing and using the Site and Services, you attest that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree to these Terms, then you should not access or use the Site or Services.
We reserve the right to update or otherwise modify these Terms from time to time. You are responsible for checking these Terms periodically for changes and updates. Your use of the Site and Services following such posted changes and updates constitutes acceptance of such changes and updates.
Definitions
For the purposes of these Terms, the following definitions apply:
Content: Refers to all text, graphics, images, videos, or other material available on the Site.
Services: Encompasses all features, resources, and functionalities provided through the Rise2Now website.
Site: Refers to the website located at rise2now.com
User: Refers to any individual who accesses or uses the Site and/or Services.
User Content: Refers to any content, including but not limited to reviews, comments, or other materials, that a User submits or makes available through the Services.
We, Us, Our: Refers to Rise2Now
You, Your, User: Refers to the individual accessing or using the Site and/or Services.
Eligibility
The Site and Services are intended solely for users who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.
Account Registration (Not Applicable)
Please note that Rise2Now does not currently require account registration. Therefore, this section is not applicable to your use of the Site and Services.
Use of the Website
By accessing and using our Site, you acknowledge that you are responsible for your actions. You represent and warrant, to the best of your knowledge:
That you have all necessary right, power, and authority to enter into these Terms and to fulfill your contractual obligations hereunder.
That any and all information you post or provide is true, accurate, and not misleading.
That you will not post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, promotes illegal activities/conduct, or violates local, state, national, or other applicable laws or regulations.
That you will not post or otherwise provide User Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information or proprietary and confidential information).
That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.
That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Site.
That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent.
That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble, or otherwise circumvent any technical measure implemented by us to administer and protect our Site and Services.
That you will not use any automated means or form of data scraping or data extraction to access, query, download, or otherwise collect our Content or related information from our Site (except as expressly permitted by Us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, and data mining tools).
That you will not duplicate, download, publish, modify, or otherwise distribute our Content for any purpose other than for your own individual use.
That you will not collect or "harvest" from our Site the personal information of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, "spamming,” or any other unlawful purpose.
That you will not access our Site and Services by any means other than through interfaces expressly authorized by us and these Terms.
Artificial Intelligence and Machine Learning. You may not use nor attempt to use any data or content found on or accessed through the Site as input into or for the training or development of generative artificial intelligence, machine learning, algorithms, software, or related technologies, to create any derivative works, compilations or collective works, or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right, or that allows any third parties to access, use or benefit from our proprietary intellectual property in any way.
At our discretion, we may, but are not obligated to, monitor and terminate User activity on our Site, and/or edit or remove User Content, which violates or otherwise fails to comply with these Terms.
Our Services
Our Site primarily serves as a directory of resources within the ServiceNow ecosystem. We strive to provide accurate information but do not warrant the completeness, accuracy, or reliability of any information provided.
Intellectual Property Rights
Our Site is comprised of Content created by Us, our Partners and our Users. This section sets out the ownership and usage rights for each type of Content.
Our IP: Our Site and all intellectual property rights therein, including without limitation the directory listings we create, along with our Services and/or our domain name (collectively, “Rise2Now IP”), constitute the property of Rise2Now, its Affiliates and/or its authorized licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws. We grant to you a worldwide, revocable, royalty-free, non-exclusive license to use, view, and download the Rise2Now IP for your personal, non-commercial use in accordance with these Terms and applicable U.S. and international copyright laws. Except to the extent otherwise expressly permitted under copyright law, you will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Rise2Now IP without the express written consent of Rise2Now or the applicable copyright owner.
User IP: By posting User IP on our Site or otherwise submitting User IP to Us, you grant to Us, our Affiliates and Partners a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, translate, modify, create derivative works of, publicly display, communicate, and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to us.
Copyright Infringement Claims
We respect the intellectual property rights of others and will not tolerate infringing activity on our Site.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by Us or another person or entity using our Site or Services, you may submit to our Designated Copyright Agent (privacy@rise2now.com) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512), which includes the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Your contact information, including phone number and e-mail address at which you may be contacted;
Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the allegedly infringed copyright.
We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
Data Protection
Each of Us and You agree, in fulfilling its respective obligations under these Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use, and safeguard your personal information to administer your Services and Site experience.
Representations and Warranties
You represent and warrant to the best of your knowledge: (i) that you have all necessary right, power, and authority to enter into these Terms and to fulfill your contractual obligations hereunder; (ii) that the information that you upload, post, e-mails, transmits, or otherwise makes available to us or on our Site is accurate and free of third-party encumbrances; (iii) that you have not breached any third-party rights, including without limitation: intellectual property, publicity, or privacy, consumer protection, tort, and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances, and regulations.
Disclaimer
YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITE WILL BE SECURE, AVAILABLE, OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITE IS ACCURATE OR APPROPRIATE FOR YOU.
Limitation of Liability
Neither We nor You will be liable for any consequential, special, indirect, exemplary, or punitive damages arising out of or in any way related to these Terms or the other party’s use of the Site and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data, or other interruption of business (whether in contract, tort, or under other legal theory), even if advised of the possibility of such damages.
Each party's aggregate liability to the other for direct damages under these Terms is limited to $100 USD. We expressly disclaim liability for any and all disputes arising between vendors and users of our Site and Services. By accessing and using our Site and Services, you release us from any and all liability for any and all claims arising from disputes between vendors and users of our Site or Services.
Indemnification
Each of Us and You (in its capacity as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other party, its agents, affiliates, and employees (in its capacity as "Indemnitee”) from and against any and all third-party claims, liabilities, losses, and expenses (including damage awards, settlement amounts, and reasonable attorneys’ fees) arising out of or relating to a violation of these Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Termination
Termination by Us: We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) your access to our Site and Services, or any part thereof if We believe that You are violating these Terms.
Termination for Convenience By You: You may discontinue your use of the Site and Services at any time.
Force Majeure
Neither party will be liable for any failure or delay of performance under these Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes, and power failures.
Governing Law
These Terms are governed by the laws of California, except for its conflicts of interest principles. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of California, and each of Rise2Now and You consent to personal jurisdiction in those courts.
Waiver and Severability
Our failure to act with respect to a breach of these Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms.