Terms and Conditions

1. Introduction

Welcome to Rising Achiever (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services, events, and applications (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies, and obligations.

2. Definitions

• “Services” refers to the websites, applications, award programs, nomination processes, networking events, content, and other products and services offered by Rising Achiever.
• “User,” “you,” or “your” refers to any individual or entity who accesses or uses our Services, including nominees, applicants, partners, and website visitors.
• “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
• “User Content” means any Content that you provide to be made available through the Services, including nomination materials, profile information, and communications.

3. User Obligations and Conduct

By using our Services, you agree to:

• Provide accurate, current, and complete information during the registration and application processes.
• Maintain the security of any password and identification information, and be fully responsible for all use of your account and for any actions that take place using your account.
• Use the Services in compliance with all applicable local, state, national, and international laws and regulations.

You agree not to:

• Use the Services for any fraudulent or unlawful purpose.
• Submit false, misleading, or inaccurate information in any nomination or application.
• Infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.

4. Intellectual Property Rights

A. Our Content:
All Content provided by Rising Achiever through the Services is the exclusive property of Rising Achiever and its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services and Content for your personal and non-commercial purposes, in accordance with these Terms.

B. User Content:
You retain ownership of your User Content. However, by submitting User Content to our Services (e.g., for an award nomination), you grant Rising Achiever a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with the Services and our business operations. This includes, but is not limited to, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This license allows us to publish your name, likeness, and achievements if you are selected as an award winner.

5. Services and Payments

Certain Services, such as application support or brand amplification, may be subject to payment. All applicable fees will be clearly stated before you complete a purchase. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may use a third-party payment processor to facilitate your payment.

6. Limitation of Liability and Disclaimers

A. Disclaimer of Warranties:
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

B. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISING ACHIEVER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

7. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us for assistance.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

9. Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules.

10. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting the updated terms on our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

11. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: info@risingachiever.org