Rise1223 LLC Terms of Use

Last revised 5/1/2020

These Terms of Use are entered into by and between You and Rise1223 LLC (“Company,” “we,” or “us”). The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms of Use”), govern your access to and use of all Rise1223 online and digital activities, including, but not limited to SamsonJewelryForIsrael.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively “Website”).

Acceptance of the Terms of Use

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms (“Additional Terms”), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.

Privacy Policy

• Any information you submit to our website during your visit, is strictly to maintain a record of your purchases and for promotional reasons.
• We do not sell, transfer, rent or trade your information to any third party.
• When you check out at our website, you will be asked to submit some personal information, such as name, contact, billing and payment information.
• The Company will safeguard your personal information. Under no circumstances will we disclose or share your information with any unauthorized third party.

Changes to these Terms of Use

At the Company/s sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date these Terms of Use were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version of these Terms of Use. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms of Use are posted on the Website means that you accept and agree to the changes and updated Terms of Use.

Features and Functionality Provided by Third Parties; Third Party Items

Certaincontent, features and functionality on the Website may be provided by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third-Party Content and that you will be subject to and comply with the terms of use offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

Use of Website

This Website is offered and available to users who are 13 years of age or older. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disableor block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Website, are registered and unregistered trademarks of Company. All of these trademarks, logos and service marks are the property of the Company. You may not use such marks without the prior written permission of the Company. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces, code, all products and the selection and arrangement thereof (collectively, “Content”), is owned by theCompany and protected by U.S. and international copyright laws. All products displayed on our Website are protected by trademark, copyright and/or patents owned by the Company.

Prohibited Uses

You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To harvest or collect information about other users of the Website.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
• To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without the Company’s prior written consent.
• Use any meta tags or any other hidden text utilizing Company’s name or marks.
• Use a buying agent to conduct transactions on the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively “User Contributions”). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.

You represent and warrant that:

• You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms of Use. Without limiting the foregoing, User Contributions must not:

• Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Information About You and Your Visits to the Website

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 as set forth in our Privacy Policy.

Online Purchases

If you wish to purchase any goods or services made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Company or our agents may call, email, or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that we may place such calls, emails, or texts using an automatic dialing/announcing device, and that we may make such calls, emails, or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Product Images

We have attempted to accurately display the colors and details of some of the products offered on this Website. However, because the color and product details you see is dependent on your device, we cannot guarantee the color and details you see will be accurate. The products also may appear larger or smaller than their actual size depending on your device. Some photographs have been enlarged to show detail.

Pricing, Availability, and Accuracy

Company makes a conscientious effort to describe and display some of its products and services accurately on the Website. Despite these efforts, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to make corrections for inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

Eligible Israeli or Jewish Charitable Non-Profit Organization Terms

For the Company donation program, organizations must be public charitable non-profit Israeli or Jewish organizations that are registered and in good standing with the IRS as a 501(c)(3) to be eligible to participate. Eligible Israeli or Jewish charitable Non-Profit organizations must also be located in one of the 50 U.S. states or the District of Columbia. Organizations that engage in, support, encourage, or promote intolerance, hate, terrorism, violence, money laundering, or other illegal activities are not eligible to participate. The Company relies on the U.S. Office of Foreign Assets Control and the Southern Poverty Law Center to determine which organizations fall into these groups.  Although we aim to include only charitable organizations that are in good standing and do not engage in any of the activities described above, we cannot guarantee the good standing and/or conduct of any charitable organization. If your selected charity does not participate, becomes ineligible, or requests to not be in the program, you will have a chance to select a different charity to receive the donation that has not yet been disbursed to your charity. If you do not select a different charity, the donation, generated from your purchase, will be distributed to the Israeli or Jewish Non-Profit organization the Company chooses. Donations are generally transferred approximately 30 days after products have been delivered to the customer.

Return Policy

Due to the customizing nature of the Company’s products and a portion of the sale is donated,

ALL SALES ARE FINAL.

Links from the Website

The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as 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 those sites or resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.

Geographic Restrictions

The Company is based in the state of Florida in the United States. We provide this Website for use 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, at your sole risk, and you are responsible for compliance with all applicable laws.

Shipment, Customs, Duties and Taxes

All items purchased from Company are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to the buyer upon our delivery to the carrier. However, The Company purchasesshipping insurance. The use of the Company Website is intended only for people and entities able to form legally binding agreements and with the purpose of purchasing items for personal use by themselves or as gifts. Company offers worldwide shipping. The recipientspecified on the delivery address will be the importer of the purchased product and must comply with all laws and regulations of the destination country. Purchased goods may be subject to import taxes, customs duties and fees levied by the destination country or state. The recipient specified on the delivery address may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient specified on the delivery address. Company has no control over these charges and cannot predict what they may be. It is the responsibility of the recipient to contact their local customs office for more information. When customs clearance procedures are required, it can cause delays beyond Company’s original delivery estimates.

Disclaimer of Warranties

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. 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, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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.

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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend 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.

Information, News and Press Releases

The Website may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our website is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.

Waiver

Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
 

Agreement to Arbitrate
You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these Terms of Use, your use of the Website, or to any products or services sold or distributed by us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Term of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration hearing will be held in the U.S. You or Company may elect to have the arbitration conducted by telephone, digital device or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers, but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.

If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance with the laws of the State of Florida without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or state courts located in Palm Beach County, State of Florida. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability
If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

Entire Agreement

The Terms of Use, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website.If you have any questions or comments about these Terms of Use or this Website, please contact us at SamsonJewelry18@gmail.com or send mail to Rise1223 LLC 20020 Sawgrass Lane Suite #4903, Boca Raton, Fl. 33434.