Terms & Conditions

TERMS OF SERVICE 

BY PURCHASING FROM Rising Above the Storm, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ. 

ACCEPTANCE OF TERMS

By accessing, downloading, installing or using the Rising Above the Storm, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood. These Terms of Use (“Terms”) represent an agreement between you and Rising Above the Storm and govern your use of our website Risingabovethestorm.com and any other sites created by Rising Above the Storm and any products, services or events made available by means of any of the sites (the “Products”). We refer to the sites and the products collectively in these terms as “Services”. By using any of the Services whether automated or otherwise, you acknowledge that you have read, understood and agree to be bound by and comply with these terms. 

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 Rising Above the Storm Terms & Conditions on a regular basis to keep yourself informed of any changes.

 DISCLAIMER:

Rising Above the Storm cannot and does not make any guarantees about your ability to experience tangible personal growth with our ideas, information, tools or strategies. What we can guarantee is your satisfaction with our training, all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future growth, and we do not offer any legal, medical, clinical or other professional advice. Use caution and always consult a licensed clinician before acting on this or any information related to a lifestyle change. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here, you agree not to attempt to hold us liable for your decisions, actions or results at any time or under any circumstances.

 These policies and procedures apply to all Rising Above the Storm products and training sold on this site or any other site owned by Rising Above the Storm that includes a link to this page.

 Billing Address

Billing address must be the same as the shipping address. Due to credit card procedures, we cannot ship to a different address than we bill to.

 RETURNS & CANCELLATIONS

 I won’t be selling any goods on my site initially but that could change.

 3.1 Physical Returns and Shipping

 Returns and Cancellations on Physical Merchandise (Excludes Digital) - if applicable update content below to align with your terms; remove section if not. 

  • 100% money back guarantee covers price of product only. 100% money back guarantee does not cover shipping and handling fee due to the fact that the customer made the decision to try product, therefore the customer accepts to pay the fee to ship the product.

  • Once a return is received or valid refund request submitted, the refund process will take no more than 30 days. All refunds will be returned either to the original credit card OR mailed in check form to the billing name and address. International orders will be refunded back to the original credit card, and PayPal orders will be credited back to the PayPal account.

  • You have THIRTY (30) days from the date of the original purchase to return the unused product to receive your refund. Any return received after the THIRTY (30) DAY time limit will not be processed.

  • Shipping of the product from Rising Above the Storm to your door will not be refunded. Shipping of the product to the Rising Above the Storm Refund Department will not be compensated.

  • To ensure that your product is not lost or damaged, we strongly recommend sending the product certified mail with a tracking number. If we do not receive the product back and the customer does not have proof that the product was returned, we cannot issue a refund.

  • Valid proof of returning a product includes: delivery confirmation or signature required via USPS. If the customer has delivery confirmation or signature required, then a full refund will be issued.

  • Due to lost, missing or slow mail, we will honor any package that is postmarked within 30 days of purchase for up to one year after the purchase of the product.

  LIVE EVENTS  - if applicable update content below to align with your terms; remove section if not. 

The events, information and speakers listed on our Sites are subject to change without notification.

 6.1 Events for Rising Above the Storm

  Not in the initial plans but this could change down the road.

 No refunds are offered for purchase of live events. However, you may sell your ticket to another individual if you are unable to attend. This exchange MUST take place 24 hours in advance of the event. Rising Above the Storm does not assist in and is not liable for payment exchanged between two parties. However, you may use the (Example: Michelle Chalfant, The Adult Chair and/or TAC Tribe private Facebook groups to exchange these tickets.) If a ticket is exchanged, you will need to email (Paulette@risingabovethestorm.com) with the new attendee CC’d on the email providing the new attendee’s first and last name and email address. Any unused tickets will be forfeited and are not transferable to another event.

 All Event exchanges must be in writing to (Paulette@risingabovethestorm.com)

 TICKET HOLDERS MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER THEIR TICKETS IN ANY WAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF Rising Above the Storm.

 6.2 Process for Guest Tickets Transfers

Once a ticket purchase is confirmed, the ticket purchaser may only change the assignment of the guests accompanying him or her a maximum of two times and using the tickets that (s)he purchased by submitting a Guest Ticket Transfer Request. The Ticket Purchaser must submit a transfer request to (Paulette@risingabovethestorm.com).

 8.1 Access to Previous Purchases

 As an accommodation to you, subsequent to acquiring Rising Above the Storm training, you may download previously acquired training (when available) onto any associated device. Some Rising Above the Storm training or services that you previously acquired may not be available for subsequent download or access at any given time, and Rising Above the Storm shall have no liability to you in such an event. As you may not be able to subsequently download certain previously acquired content or training, once you download an item, it is your responsibility not to lose, destroy or damage it, and you may want to back it up.

 Rising Above the Storm reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.

 PROBLEMS AND MALFUNCTIONS

 Rising Above the Storm is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or redemption to be received by Rising Above the Storm on account of technical problems or traffic congestion online or on the Internet or at any website, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any Rising Above the Storm owned web properties. If, for any reason, the stream is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Rising Above the Storm, which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, Rising Above the Storm, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any subscription. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, Rising Above the Storm WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

 YOUR ACCOUNT

 You agree to provide accurate and complete information when you register with, and as you use, Rising Above the Storm Services, and you agree to update your account information to keep it accurate and complete. You agree that Rising Above the Storm  may store and use the information you provide for use in maintaining and billing fees to your account.

 SOCIAL MEDIA GROUPS & COMMUNITIES - if applicable update content below to align with your terms; remove section if not. 

Everyone of all levels is welcome here. We have a community of all skills and experience levels, from college students to entrepreneurs to multi-million dollar business leaders.

 We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • All adults are welcome here.

  • We have members of all experience levels.

  • Keep it respectful.

  • Comments that are inappropriately negative, rude or attacking will be deleted, removed or we will ask you to revise your comments. Everyone is here to learn and grow, so anything violating that will be removed.

  • No pitching to the group.

  • We have a strict “no shopping for customers” policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.

  • No gated content. Content posted in the groups cannot be used to harvest leads in any way. You may not require people to opt-in to view.

  • Respect confidentiality.

  • Content gathered in our online community groups cannot be collected, repackaged and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers and experiences remain privy to group members only.

  • Keep it on topic.

  • We reserve the right to remove posts and members based on off-topic content or offensive content.

  • Access to this group does not mean that Rising Above the Storm endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group. Don’t assume everyone is trustworthy.

  • Report posts that are breaking group policies.

  • Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments or reach out to our community manager directly via private message so our team can review them.

  • One to three warnings for rule-breaking behavior will be offered, depending on the severity, which is at our own discretion. This will result in a seven-day removal from the group. After the seven-day period, you are welcome to rejoin the group on a 30-day probation. If you break the rules again during your probation, you will be permanently removed from the community or group.

 INTELLECTUAL PROPERTY

You agree that the Paulette Gerken including but not limited to Rising Above the Storm products and services, graphics, user interface, audio clips, podcasts, video clips, editorial content, templates and the scripts and software used to implement Rising Above the StormServices contains proprietary information and material that is owned by Rising Above the Stormand/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Rising Above the Storm Services in compliance with this Agreement. No portion of the Rising Above the Storm Services may be reproduced in any form or by any means without express written permission from Rising Above the Storm. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Rising Above the Storm in any manner, and you shall not exploit the Rising Above the Storm brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

 Notwithstanding any other provision of this Agreement, Rising Above the Storm and its licensors reserve the right to change, suspend, remove or disable access to any Rising Above the Storm products, content or other materials comprising a part of the Rising Above the Stormbrand at any time without notice. In no event will Rising Above the Stormbe liable for making these changes. Rising Above the Storm may also impose limits on the use of or access to certain features or portions of Rising Above the Storm services, in any case, and without notice or liability.

 All copyrights in and to Rising Above the Storm, (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and related software are owned by Rising Above the Storm and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF Rising Above the Storm, EXCEPT FOR USE OF Rising Above the Storm AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

 Rising Above the Storm logo, other Rising Above the Storm trademarks, service marks, graphics and logos used in connection with Rising Above the Storm are trademarks or registered trademarks of Rising Above the Storm in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with Rising Above the Storm Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 LINKS

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

 DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 (b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.

 (c) IN NO EVENT SHALL Rising Above the Storm OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, Rising Above the Storm’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.

 (d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY Rising Above the Storm OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS,FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

 (e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE. WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

 LAW, JURISDICTION

These Terms shall be governed by the laws of the United States of America and the State of NEBRASKA without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF NEBRASKA.

 Customer Service

If you have questions or comments regarding Rising Above the Storm, please email us at Paulette@risingabovethestorm.com).