Terms of Use

 

Thank you for signing up for RISIST! We are a community of social justice-minded folks committed to a world so transformed by intersectionality that 7+ billion people equitably share the resources and power necessary to sustain the world (a big goal but one all our own!). Our terms are spelled out here in the expectation that we all commit to being stewards of this vision.

RISIST services are provided by The Research Institute for the Study of Intersectionality and Social Transformation. These Terms of Use ("Terms") govern your use of RISIST's website and services ("Services").  Please read these Terms of Use carefully, and contact us if you have any questions. By  using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).

 

Who May Use RISIST Services

 

You may use our Services only if you can legally form a binding contract with RISIST, and only in compliance with these Terms and all applicable laws. When you register and create your RISIST account, and subsequently when you use certain features, you must; provide us with accurate and complete information; agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 18 is prohibited.

 

Our License to You

 

Subject to these Terms and our policies (including the Honor Code, Refund, and other terms), we grant  you a limited, personal, professional, non-exclusive, non-transferable, and revocable license to  use RISIST Services. You may view content from RISIST’s website http://www.risist.org upon registration  with RISIST Academy and/or RISIST C2. RISIST’s content and services are for your personal and non- commercial use ONLY. You also agree that you will create, access, and/or use only one user account, not share with any third party access to, access information for your account, or attempt to share and upload RISIST instruction tracks for professional or personal use without consent from RISIST. Using RISIST Services does not give you ownership of any intellectual property rights in our Services or the content you access. RISIST’s content is protected via applicable trademark and copyright laws of the United States (see more under Copyright and Trademark Policy; Honor Code).

 

Course Modifications

 

While we take pride in RISIST Academy, unexpected events and delays do occur. RISIST reserves the  right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, or other assessment. RISIST instructional tracks offered are subject to the Disclaimers and Limitation of Liability sections below.

 

Academic Credit

 

RISIST certification tracks do not offer academic credit. RISIST has no obligation to have any of the certification tracks recognized by any educational institution or accreditation organization.

User Content

 

RISIST Services enable you to share your content, such as assignments, office hours questions, capstone projects, research designs, data, memoranda of understanding and the like ("User Content"), with instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. You also have the responsibility to get written permission before sharing any other RISIST member’s intellectual property.

 

How RISIST Uses User Content

 

To the extent that you provide User Content, you grant RISIST a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in  these Terms shall restrict other legal rights RISIST may have to User Content, under other licenses. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms.

 

Feedback

 

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, RISIST does not waive any rights to use similar or related Feedback previously known to RISIST, developed by its contractors, or obtained from other sources.

 

Security

 

We care about the security of our users. While we work to protect the security of your account and related information, RISIST cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing shirmel@risist.org

 

Third Party Content

 

Through RISIST Services, you will have the ability to access and/or use content provided by RISIST other users, and/or other third parties and links to websites and services maintained by third parties. RISIST cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. RISIST disclaims any responsibility or liability related to your access or use of such third party content.

 

Copyright and Trademark Policy

 

RISIST respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using RISIST Services. We have adopted and implemented the RISIST Copyright and Trademark Policy in accordance with applicable law.

 

Paid Services

 

RISIST offers paid Services (e.g., certifications for completed coursework, consulting, workshops) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails, no services will be provided. Fees vary based on services provided. RISIST reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

 

Modifying and Terminating our Services

 

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, RISIST may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. You can stop using our Services at any time.

 

Disclaimers

 

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RISIST PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RISIST PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

 

 

Indemnification

 

You agree to indemnify, defend, and hold harmless RISIST from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a)  your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

Governing Law and Jurisdiction

 

The Services are managed by RISIST, which is located in Los Angeles, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or RISIST may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and RISIST. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Revisions to the Terms

 

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

 

 

Severability; Waiver

 

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

 

Notice for California Users

 

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Effective as of June 15, 2016.

 

 

Copyright and Trademark Policy

 

RISIST respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

 

 

The notice must include the following information:

 

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (3 ) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RISIST to locate the material on the Services; (4) the name, address, telephone number, and email address (if available) of the complaining party; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

  1. Mail: Copyright Agent, RISIST 635 McCarthy Way Los Angeles, California 90007

  2. E-mail: admin@risist.org

 

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

RISIST also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by RISIST in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at info@risist.org, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

 

Effective as of June 15, 2016.

 

For Membership Subscriptions

 

Membership subscription fees are due at the time of subscription and will be renewed monthly until termination of the subscription by EITHER RISIST or the subscriber. Members have 3 business days to request a 100% refund, and 10 business days to request a 50% refund. If you cancel your subscription thereafter, cancellation will be effective at the end of the current month; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. Your access to RISIST will terminate on the last day of the month of cancellation.

 

Effective as of June 15, 2016

 

 

 

 

 

 

 

 

 

 

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Research Institute for the Study of Intersectionality & Social Transformation

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