Rising Fellow LLC (”Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This Policy is only applicable to the Website and not to an other website that you may be able to access from the Website, each of which may have data collection and use practices and policies that differ materially from this Policy. By visiting the Website you, you consent to the collection and use of your information under the terms of this privacy policy (the “Policy”).
This policy describes the types of information we may collect from you or that you may provide when you visit the website risingfellow.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time in our sole discretion without notice. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18 do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us.
We collect several types of information from and about users of our Website, including information:
We collect this information:
The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
You can review and change your personal information by logging into the Website and visiting your Account profile page. You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use https://risingfellow.com/policies-terms/#terms.
Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
To exercise any of these rights please email us at [email protected].
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted .
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your Account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us by email at [email protected] or by mail at:
Rising Fellow LLC
PO Box 2222
Boerne, TX 78006
Please contact us with any questions or concerns. Last updated April 20, 2023.
These terms of use are entered into by and between You and Rising Fellow LLC (“Company,” “Rising Fellow”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of risingfellow.com including any content, functionality, and services offered on or through (the “Website”), whether as a guest or a registered user. The Terms of Use constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, and products or services provided by or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://risingfellow.com/policies-terms/#policies, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, by using the Website you agree to provide us with accurate information regarding your age and identity upon our request. You also agree not to assist children under the age of 18 in accessing the Website or to attempt to contact children under the age of 18 through the Website. By using this Website, you represent and warrant that you are at least 18 years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use at any time by us in our sole discretion without specific notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
The most recent version of the Terms of Use will be made available on the Website and should be reviewed by you prior to using the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, and they will be binding on you.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website, or any part thereof, from time to time, for any reason in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. The information and materials contained on the Website are subject to change.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Website is for your personal use only. Commercial use of the Website or of any Website content is prohibited. The viewing, copying, printing or downloading of any content, graphic, form or document from the Website grants you only a limited non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative work or other use.
No part of any content, form or document may be reproduced in any form. The information may not be transferred, shared with or disseminated to anyone for any purpose that is inconsistent with the purpose of the Website or for any purpose that is inappropriate or unlawful under applicable United States and International law. Nothing in this Agreement shall be construed as conferring any right in any intellectual property of Rising Fellow, its affiliates or any other person or entity owning the intellectual property in the content provided on the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made, and you will not be entitled to any refund for any fees paid. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyright and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. The copying, redistribution, use or publication by you of any such matters or any part of the Website, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Reporting to Copyright Agent (DMCA Policy)
If you are a copyright owner or agent thereof and believe that any of the content on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Our Copyright Agent can be reached as follows:
By mail: ATTN: Copyright Agent
Rising Fellow LLC
PO Box 2222
Boerne, TX 78006
By e-mail: [email protected]
Pursuant to 17 U.S.C. § 512(g) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider and you feel you must submit a counter notification regarding the content that has been removed from our Website, you must submit – in writing – a counter notification that includes the following: (i) your physical or electronic signature; (ii) your name, address and phone number; (iii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iv) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (v) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.) or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and (vi) your consent to accept service of process from the person who provided the notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
Our Copyright Agent can be reached as follows:
By mail: ATTN: Copyright Agent
Rising Fellow LLC
PO Box 2222
Boerne, TX 78006
By e-mail: [email protected]
Please note that you may be liable for any damages (including costs and attorneys’ fees) if you materially misrepresent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content or activity infringes on the copyrights of others, we advise you to consult with an attorney.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Rising Fellow does not screen, edit or review User Contributions submitted by users and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
By using the Website or uploading any User Contributions to the Website, you represent and warrant that any and all User Contributions that you upload do not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
By uploading, publishing, modifying or displaying User Contributions, regardless of form or medium, to any part of our service or the Website, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to use, publish, sublicense, copy, prepare derivative works of, incorporate into other works, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit and distribute the User Contributions for any purpose in connection with the Website and elsewhere, unless otherwise agreed in writing. We reserve the right, but not the obligation, to edit, modify and/or remove your User Contributions without prior notice.
You are solely responsible for your User Contributions and you represent that you will not post or transmit any information through the Website which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, pornographic, indecent or otherwise objectionable; (iii) is protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right; (iv) advertises or otherwise solicits funds or is a solicitation for goods or services; or (v) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm cause by your use of the Website.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS RISING FELLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL AND USER CONTRIBUTIONS YOU PLACE ON THE WEBSITE, INCLUDING ATTORNEYS’ FEES AND COSTS.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR USER CONTRIBUTIONS THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANY TIME FOR ANY REASON WITHOUT NOTICE.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT OR OTHER AUTHORITIES.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or User Contributions provided by any third parties.
When registering an account for the Website (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as it changes. You represent that you are not barred from using the Website under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify us immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias, or if you previously have been banned from using the Website. We reserve the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of the Company.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide us with valid information in connection with your payment. By providing us with your payment information, you agree that (i) we are authorized to immediately invoice your Account for all fees and charges due and payable hereunder, (ii) we are authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our prices and billing methods.
If applicable, we shall automatically charge and withhold the applicable sales tax for purchase. You shall be solely responsible for all sales taxes, national, state, local laws of the user’s locale, or other taxes, on your purchases.
We’re confident that Rising Fellow online courses and study materials are the best way to prepare for your CAS exam. If you are unhappy with your product, we welcome you to reach out to us at [email protected]. We may be able to help you with study strategies, tips on how to best to use our study materials, or other suggestions that could improve your study experience.
You can try a free trial of any of the online courses to see if they’re right for you before purchasing. See the product pages for the exam you’re taking for how to start a free trial. All fees are non-refundable. If you have any questions about your purchase, please contact us at [email protected]
All product purchases include access to the purchased online course or study material through the learning management system for a length of time between the date of purchase and the end of the upcoming exam sitting window. At the end of the exam sitting window, your access will terminate.
If you fail the exam, don’t sit for the exam or need to retake the exam for any reason, please see the “Extensions for Retakes” policy in these Terms of Use to determine whether you are eligible for an extended period of access to your purchased study material.
If you purchase a product and then find out you didn’t pass the last exam, just send us an email through our Contact page. We will pause your new course or product subscription until the next sitting that you’re able to take the exam. When you’re ready to sit for the new exam, we will un-pause your subscription.
The CAS Exam Online Courses include unlimited retakes to the updated course until you pass the respective CAS exam. The study supplement products include one free extension. See our Information page to request an extension if you’re retaking the exam.
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Rising Fellow communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our products or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted.
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this Website are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services. The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Except as expressly provided otherwise, Rising Fellow disclaims any and all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability and availability of information or material contained on the Site. The Website may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material in respect to the Website or the use thereof.
Any communications sent to you via the Website or otherwise from Rising Fellow (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of the Website (including, without limitation, any technology, financial, insurance, investment, corporate or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial or tax advice and should not be relied upon in that regard. Therefore, you should independently consult a lawyer or tax advisor.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Boerne and County of Kendall, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Please contact us with any questions or concerns. Last updated April 20, 2023.
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