ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using the Risehealth.co, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, as they may be amended by Kallal Bros, LLC (“Company”) from time to time, which You acknowledge that You have read and understood.

We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at https://www.risehealth.co/terms-conditions/ on a regular basis to keep Yourself informed of any changes.

PRIVACY POLICY

Company respects your privacy and permits you to control the treatment of your personal information.  A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

GOVERNING LAW

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dallas, Texas in all disputes arising out of or related to the use of the site.

AGE

The site is intended only for users aged 25 or older.  Individuals under the age of 25 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.

USE OF SOFTWARE

Company may make certain software available to you from the Site.  If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only.  Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.  All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

USER CONTENT

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COPYRIGHT INFRINGEMENT

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.

ALLEGED VIOLATIONS.

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY

COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT

All contents of Site or Service are: Copyright © 2018 Kallal Bros, LLC, 220 Sorrel Trail Keller, Texas 76248. All rights reserved.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

UNITED STATES USE ONLY

The Site is controlled and operated by Company from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.

AMENDMENTS

Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:

(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.

INSURANCE WAIVER

Rise Health members are prohibited from filing claims to their insurance for services rendered in the office. RISE Men's Health (Kallal Bros, LLC) will not file claims to your insurance carrier for services rendered in the office for the duration of this agreement. Should you wish to begin using insurance benefits for services in the office, your subscription must be canceled according to the terms of this agreement and are subject to the cancellation policy.

 SUBSCRIPTIONS AND TRIALS

Your Rise Health membership, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Rise Health membership service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your payment method.

Trial Subscriptions: Your Rise Health membership may start with a trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. Rise Health reserves the right, in its absolute discretion, to determine your trial eligibility.

Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your Hmealthy monthly subscription. Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed.

TERMS OF SUBSCRIPTION RENEWAL

Trial members will be billed with their Payment Method on a monthly basis for the membership fee after the free trial has ended until it is cancelled. To cancel your subscription, submit a ticket to info@risemenshealth.com

Monthly Rise health Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel. 

Subscription Fee Amounts. The amount of each Subscription Fee will be set by Rise Men's Health in its sole discretion. Information about Rise Men's Health current Subscription Fee rate amounts is available at www.risemenshealth.com. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Rise Men's Health reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Rise Men's Health sees fit in its sole discretion. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Rise Men's Health reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Rise Men's Health sees fit in its sole discretion. 

Free Trials and Discounts. Rise Men's Health reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using the subscription-only pages of the Site or the App. Rise Men's Health will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you must further agree to the terms and conditions of this Agreement and pay the applicable Subscription Fees in order to receive the continued right to access and use the subscription-only pages of the Site, or the App, as applicable.

Payments

  • Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Site and/or the App – whether with Rise Men’s Health – occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Site and/or the App. Rise Men’s Healths relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject Rise Men’s Healths direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.
  • Refusal of Products and Services. Rise Men’s Health has the right to refuse its products and services (including, without limitation, the Site, the Apps, and any products and services offered by Rise Men’s Health) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards or prescription medication fraud. Rise Men’s Health may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Rise Men’s Health believes doing so will prevent a violation of the law or financial loss.
  • Payment Authorization. If you provide Rise Men’s Health with your payment information, then you authorize Rise Men’s Health to do the following as Rise Men’s Health deems necessary, although Rise Men’s Health has no obligation to do so: (a) share your payment information with Rise Men’s Health, especially if you purchase any products or services from Rise Men’s Health on or through the Site or the App; (b) share your payment information with the third-party payment processing vendor(s); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.
  • Payment Obligations. You agree that you are responsible for all amounts that accrue under your account(s) with Rise Men’s Health, the third-party payment processing vendor(s) and/or other third parties on or through the Site and/or the App. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Site and/or the App, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
  • Waiver of Claims; Unauthorized Payments. To the fullest extent permitted by law, you agree to waive all claims against Rise Men’s Health related to any unauthorized payments made on or through your account(s) with Rise Men’s Health, Rise Men’s Health’ third-party payment processing vendor(s), Rise Men’s Health or any other third parties and/or any other person or entity, regardless of whether they are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Rise Men’s Health, and Rise Men’s Health will undertake a reasonable investigation as it sees fit under the circumstances of and, if Rise Men’s Health deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Rise Men’s Health within fifteen (15) days of the subject charge or payment. Each Unauthorized Payment Claim must be submitted to any one of the following:
    • By mail: Rise Men’s Health – 1104 N Highway 377, Ste 200 Roanoke, TX 76262
    • By e-mail: info@risemenshealth.com, with a subject line of "Claim Concerning Unauthorized Payment."
    • For each Unauthorized Payment Claim, please state "Claim Concerning Unauthorized Payment" in the e-mail or letter subject line, and clearly state the following in the body:
      • the date and approximate time of the subject transaction;
      • the services tendered or to be tendered under the subject transaction;
      • the total monetary amount of the subject transaction;
      • whether the subject transaction was made on or though the Site;
      • whether the subject transaction was made on or though the App and, if so, the version of the App;
      • the parties to the subject transaction, including buyer and seller;
      • a detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
      • the monetary amount of the subject transaction you believe is subject to a refund;
      • your name, street address, city, state, zip code and e-mail address; and
      • whether you prefer to receive a response to your request by mail or e-mail.
      • If you send an Unauthorized Payment Claim by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. Rise Men’s Health will not accept an Unauthorized Payment Claim via telephone or facsimile. Rise Men’s Health is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely.
  • Accurate Payment Information. You represent and warrant to Rise Men’s Health that any payment information you provide on or through the Site and/or the App is current, complete and accurate; and that you will promptly notify Rise Men’s Health if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
  • Refunds. All sales and payments made on, through or regarding the Site, the App and/or your User Account are final, irrevocable and not subject to or eligible for a refund.

 

REFUNDS

All digital products sold by Rise Health and using the Rise Health brand name are subject to the refund policy that can be accessed here.

All physical, store products sold by Risemenshealth.com and using the Rise Health brand name are subject to the money-back guarantee that can be accessed here.