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BY USING THE RISE HOME DESIGNS WEBSITE LOCATED AT “https://hybridshippingcontainerhomes.com” (THE “WEBSITE”) AND/OR USING THE FEATURES OF THE RISE HOME DESIGNS PLATFORM (the “HOME PLATFORM”) OR THE RISE ECOMMERCE STORE (the “ECOMMERCE PLATFORM”, together with the HOME PLATFORM, the “PLATFORM”), YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, PLATFORM AND SERVICES (as that term is defined below), INCLUDING INDIVIDUALS AND ENTITIES WHO REGISTER FOR THE SERVICES, AS WELL AS INDIVIDUALS AND ENTITIES WHO USE THE SERVICES (COLLECTIVELY, “USERS”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE, THE PLATFORM OR SERVICES.

Rise Home Designs Inc. (“Rise Home Designs”/“We”/“Us”) is the owner and operator of the Website and the Platforms.

The Home Platform assists homeowners residing in North America with the design, outfitting and construction of sustainable homes by providing access to information on how to improve home sustainability, efficiency and affordability, connecting homeowners with contractors and other building professionals providing listing services through the Home Platform (“Professionals”) and manufacturers of building supplies and home and garden products providing listing services through the Ecommerce Platform (“Manufacturers”). The Website and Home Platform may also include features such as product cost comparisons and a forum where Users can ask questions to contractors about home construction or renovation project (collectively, the “Home Services”). Rise also operates an online store through its Ecommerce Platform to allow Users to easily browse for certain home and garden products (the “Ecommerce Services”, together with the Home Design Services, the “Services”).

 

I. GENERAL LEGAL TERMS

 

ACCOUNT REGISTRATION.

Account. To access certain features of the Website, Platforms and/or Services, you may need to register for an account (your “Account”) using a Facebook log-in or by providing Us with your name, email address and location. You agree that you are responsible for keeping your Account password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.

To use and/or register for the Services you must be over the age of majority in the province, state or territory in which you reside. If registering or using the Services on behalf of a business or other entity, have the authority to bind the entity to these Terms.

By accepting these Terms you represent that you understand and agree to the foregoing.

Paid Subscriptions. Professionals and Manufacturers will be required to purchase a subscription to the Services (“Paid Subscription”). Depending on the type of Paid Subscription, you may be required to provide valid credit card information in accordance with the billing terms below in order to purchase a Paid Subscription.

 

LICENSE AND RESTRICTIONS ON USE

License. Subject to your compliance, these Terms and your payment of any applicable fees, Rise Home Designs grants you a non-transferable, non-exclusive, license to access and use the Website and the Services (the “License”). Access to the Platforms is licensed to you and not sold. Nothing in the Terms gives you a right to use the Rise Home Designs names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, Platforms or Services. Any future release, update, or other addition to functionality of the Website or Platforms shall be subject to these Terms.

Restrictions. Rise Home Designs may impose certain limitations on the use of the Website, Platforms or Services, including, but not limited to restricting the number of Accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the Rise Home Designs Website, Platforms and the Services only for purposes as permitted by these Terms. Rise Home Designs reserves the right to modify or impose any limitations on the use of the Rise Home Designs Website, Platforms and the Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate Users, Professionals and/or Manufacturers at any time without any liability whatsoever to you. In using the Rise Home Designs Website, Platforms and/or the Services you shall not:

1. intentionally or unintentionally violate any these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;

2. license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Rise Home Designs Website, Platforms or the Services;

3. Upload, post, email, transmit or otherwise make available any material that:

  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
  • You do not have a right to make available under any law or under a contractual relationship;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
  • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
  • contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

4. or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Rise Home Designs Website, Platforms or any software provided by us.

Indemnification. You agree to defend, indemnify and hold Rise Home Designs, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, incurred by yourself or made by a third party, relating to or arising from: (a) any content We on your behalf, or you create, submit, post, transmit, or otherwise make available through the Website, Platforms or Services, including products on our Ecommerce Platform; (b) your use of the Website, Platforms or Services, including for greater certainty any purchased products, faulty installation of said products and/or services rendered from or by Professionals or Manufacturers; (c) any dealings between you and any persons with whom you do business (including Users, Professionals or Manufacturers) or with whom you send or otherwise transmit links or any content to using the Services, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.

PAYMENT

Payment Processor. Rise Home Designs uses third-party payment processors to process transactions (“Payment Processors”). Professionals and Manufacturers who purchase a Paid Subscription and Users purchasing products through our Ecommerce Platform must provide a valid credit card number and other applicable billing information, which credit card will be charged annually for the Paid Subscription in the case of Professionals and Manufacturers, and upon completion of an online order in the case of Users (“Billing Information”). You authorize this Billing Information to be provided to the third-party Payment Processors. You acknowledge and agree that terms of service of the applicable Payment Processor will govern your agreement and interactions with the applicable Payment Processor and that our Terms and policies do not govern. RISE HOME DESIGNS HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSORS. You should review the applicable terms and policies of the Payment Processors, including their privacy and data gathering practices.

Billing Cycle (Professionals). If you purchase a Professionals Paid Subscription, the membership fee and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be automatically renewed and charged on an annual basis, unless cancelled in accordance with the Cancellation section below or otherwise agreed to at the time of purchase. Payments will be charged to your Billing Information.

Billing Cycle (Manufacturer Listing Services). If you purchase a Paid Subscription for Manufacturer listing services, the fees and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be automatically renewed and charged on an annual basis unless cancelled in accordance with the Cancellation section below, or otherwise agreed to at the time of purchase. Payment must be made by wire transfer, unless otherwise agreed to at the time of purchase.

Cancellation. You can cancel your Paid Subscription at any time, and you will continue to have access to the premium features associated with the Paid Subscription through the end of your annual billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial month or year subscription.

Changes to the Price and Service Plans. We may change our Paid Subscription service plans and the price of our services from time to time; however, any price changes or changes to our service plans will apply to you on your next billing cycle (no earlier than 30 days’ following notice to you).

 

USER DATA AND CONTENT

Personal Information. Rise Home Designs Inc. collects, uses and discloses certain personal information in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms. Please review our Privacy Policy carefully. If you do not agree with any of our privacy practices you must not use the Website, Platform, or Services.

License to Rise Home Designs. Except for material We may license to you, Rise Home Designs does not claim ownership of the materials and/or content created, uploaded or otherwise transmitted by you through use of the Rise Home Designs Website, including but not limited to photos, designs, descriptions and comments (“Content”). However, by using the Website, Platforms and/or Services, you grant Rise Home Designs a perpetual worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such Content for the purpose of providing the Website, Platforms and Services, including advertising our Services and the services of Professionals and Manufacturers on third-party sites.

Feedback. We welcome your suggestions, comments and feedback on the Rise Home Designs Website, Platform and the Services (“Feedback”) as it helps Us to improve. If you provide Us with Feedback you agree that: (a) We are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Rise Home Designs (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind.

TERM AND TERMINATION

Termination by You. You may stop using the Services at any time. If you wish to delete your Account, please contact Us at:  sales@buildwithrise.com.

Termination by Rise Home Designs. Rise Home Designs may at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, Platforms or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Website, Platform or through the Services; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Rise Home Designs Website, Platforms or the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Rise Home Designs in its sole discretion, and Rise Home Designs will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.

Effect of Termination. On termination, you will lose all access to the Services and any portions thereof, including, but not limited to, your Account. If you have a Paid Subscription, you will not be entitled to any refund.

 

IMPORTANT DISCLAIMERS

Advertising and Third Party Links. You acknowledge and agree that the Website may contain advertisements from both Professionals/Manufacturers and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, including Professionals and Manufacturers, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Rise Home Designs shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. The Website and Platform may contain links to other websites that are not owned or controlled by Rise Home Designs. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Rise Home Designs of that third party, third-party product or service. Rise Home Designs is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or Platforms are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or Platforms of a link to any other website(s) or any advertisements does not imply that Rise Home Design endorses or accepts any responsibility for the content or use of such websites, and you hereby release Rise Home Design from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

Professional Services. A contract you enter into with a Professional may be subject to local bylaws, building requirements and/or consumer protection laws. It is your responsibility to check with your municipality or other local government about applicable zoning by-laws and rules, as well as to obtain building permits and meet any legal requirements for your renovation or new home build.

Manufacturer Listings.  Manufacturers are solely liable for all Content submitted to the Rise Home Designs Website, including Content published on the Manufacturer’s listing page. Rise shall have no liability for any false information, misrepresentations or illegal or objectionable Content.

Sustainability Claims. We provide information on sustainable building practices as a tool only to help Users assess sustainability. Any information provided on the Website, Platforms or Services related to the sustainability of any project or otherwise is provided for information purposes only. Rise Home Designs Inc. makes no representation, warranty or condition as to the accuracy or authenticity of the content at any time.

Rebate Finder. We provide information on tax credit and rebate programs as a tool only to make Users aware of such programs. It is your responsibility to make sure that you qualify for any rebates. You must check with the government ministry, department or agency offering the tax credit, rebate or grant for any applicable terms or conditions. Rise Home Designs Inc. does not accept any liability in respect of any claim or cause of action arising out of, or in relation to, any rebates referred to on the Website or Platform.

The information on this Website must not be relied on as professional or legal advice. You must seek specific advice tailored to your circumstances.

GENERAL. THE WEBSITE, SERVICES AND PLATFORMS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RISE HOME DESIGNS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE RISE HOME DESIGNS WEBSITE, PLATFORM AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, PLATFORMS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, INCLUDING WITHOUT LIMITATION, INFORMATION CONVEYED IN THE QUESTIONS AND ANSWERS SECTION OF THE WEBSITE. WE STRONGLY ENCOURAGE YOU TO USE COMMON SENSE AND DISCRETION WHEN EVALUATING INFORMATION CONTAINED ON THE WEBSITE, AND TO CONSULT A PROFESSIONAL BEFORE RELYING ON ANY INFORMATION OR MATERIALS YOU OBTAIN FROM THE WEBSITE.

ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, PLATFORM OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RISE HOME DESIGNS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RISE HOME DESIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE RISE HOME DESIGNS WEBSITE, PLATFORMS OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE RISE HOME DESIGNS WEBSITE, OR (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RISE HOME DESIGNS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID RISE HOME DESIGNS IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY RISE HOME DESIGNS APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

GENERAL TERMS

Export Control. Use of the Website, Platforms or Services may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Rise Home Designs Website may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Rise Home Designs Website or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Rise Home Designs Website or the Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Notices. Rise Home Designs may provide you with notices regarding the Services, including changes to these Terms or Privacy Policy, by email or by postings on the Website, Platform and/or the Services.

Governing Law & Disputes. This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Rise Home Designs Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.

Entire Agreement. These Terms (together with the Rise Home Designs Privacy Policy) constitute the entire agreement governing use of the Rise Home Designs Website, Platforms and the Services during the Trial and all related activities. We reserve the right to modify or change the Rise Home Designs Website, Platforms and the Services at any time without notice or liability to you. These Terms shall not be modified except by a new posting of these Terms by Rise Home Designs. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Rise Home Designs may assign these Terms for any reason without notice to you.

Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Rise Home Designs Website, Platforms or the Services, please contact Us at: care@buildwithrise.com.

II. ADDITIONAL ECOMMERCE PLATFORM TERMS  

These additional Terms apply to all Users of the Ecommerce Services and Ecommerce Platform, including for greater certainty Manufacturers who have executed an applicable Vendor Form.

Orders and Limits. We reserve the right to refuse any order Users may place with Us through our Ecommerce Services. Rise Home Designs may, in our sole discretion, limit or cancel quantities purchased per User, per household or per order. These restrictions may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, Rise Home Designs will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Rise Home Designs reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Rise Home Designs does not authorize the purchase of our products for resale purposes. Rise Home Designs may enforce this policy in accordance with the Terms herein. Rise Home Designs also reserve the right to cease doing business with those Users violating this policy. We may modify this policy at any time without prior notice.

Prices and Fees. All prices displayed through the Rise Ecommerce Services are subject to change without prior notice. Any changes in pricing that may occur before, during or after a purchase, as a result of a tour operator change, are not the responsibility of Rise Home Designs. Once an order is complete, pricing CANNOT be adjusted. In each case, your credit card will be charged at the time of your order. All credit cards must be valid, authentic and you must be authorized to use them.  If the charge is not authorized or accepted, Rise Home Designs reserves the right to cancel your order without notice and with no further liability or obligation to you.  Rise Home Designs reserve the right to stop accepting credit cards from one or more issuers at any time. All fees quoted through our Ecommerce Platform available at [shop.buildwithrise.com] are quoted in U.S. Dollars, and all fees quoted through our Ecommerce Platform available at [shop.buildwithrise.ca] are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with Rise Home Designs’ Website and Ecommerce Services in advance of any order being processed. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it.

Tax Policy and Exemptions. Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team to ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

Catalogue and Product Descriptions. All features, specifications, products and prices of products and services described on through the Ecommerce Services are subject to change at any time without notice.  We make no representation as to the completeness, accuracy, or currency of any information on the Website and through our Ecommerce Services. Rise Home Designs reserves the right to make changes in information about price, description, or availability without notice. We Rise Home Designs has made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on our Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Refund Policy. We refund any merchandise within 14 days of the Customer receiving the product. Product returns must be in the original packing, with no signs of use, in resalable condition, and accompanied by the sales receipt. Customers are responsible for return shipping costs., subject to the conditions below:

Returns and Refunds. Returns will be handled at the Manufacturer level in a prompt and timely manner but only to the extent the merchandise is in the original packing, with no signs of use, in resalable condition, and accompanied by the sales receipt. Customers must follow each Manufacturer’s protocol which may include but not be limited to: (a) obtaining an RA or RMA; (b) time restrictions; (c) additional fees such as restocking or shipping. Customers may be issued a credit for goods or have a refund authorized.

Shipping and Delivery. Pursuant to the Manufacturer’s applicable executed Vendor Form, Manufacturers will have the option of (i) drop shipping items directly to the purchasing User; (ii) using Rise to schedule a freight delivery; or (iii) using Rise Home Design to schedule a parcel pickup at the Manufacturer’s specified address to be delivered to the User. Manufacturer remains responsible for the risk of loss and title to the item until it is delivered to the User.  If delivered by freight under option (i) or (ii), User is responsible for refusing the items upon delivery should the Product(s) be damaged and the risk of title and loss shall pass to the User upon acceptance.

Quality Generally. The Manufacturer represents and warrants that all Products designed, manufactured, advertised, promoted, sold or distributed under the Ecommerce Platform shall meet the high standards of quality, workmanship, material, design, size, color and style established and communicated by the Manufacturer to Us.

Parity. Manufacturer will maintain parity between the Products Manufacturer offers through any other sales channels and the Products to be listed on the Ecommerce Platform by ensuring that: (a) the purchase price and every other term of offer or sale of the product is reasonably comparable to product that is offered or sold via any other sales channel; (b) customer service for the product is at least as responsive and available and offers at least the same level of support as the most favorable customer services offered in connection with any of other sales channels (this requirement does not apply to customer service for payment-related issues on Ecommerce Platform transactions, which We will provide); and (c) the Vendor Materials (as defined below) regarding the Products provided to Rise Home Designs and its Users are of at least the same level of quality as the highest quality information displayed or used in other sales channels.

Manufacturer Materials. Manufacturer agrees to grant Us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all data, text, photographs and other content provided by the Manufacturer to Us in connection with the provision of the Ecommerce Services and the listing of Manufacturer Products on the Ecommerce Platform (“Manufacturer Materials”), and to sublicense the foregoing rights to operators of Rise Home Designs; provided, however, that We will not alter any of Manufacturer’s trademarks from the form provided (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and that We comply with Manufacturer’s removal requests as to specific uses of the Manufacturers trademarks; provided further, however, that nothing in these Terms will prevent or impair our right to use Vendor Materials without Manufacturer’s consent to the extent that such use is allowable without a license from the Manufacturer or their affiliates under applicable law.