Terms and Conditions
Agreement between user and https://risingtides.io
Welcome to https://risingtides.io. The https://risingtides.io website (the "Site") is comprised of various web pages operated by Modern Business Resources LLC dba Rising Tides ("Rising Tides"). https://risingtides.io is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://risingtides.io constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://risingtides.io is a marketing website.
Privacy
Your use of https://risingtides.io is subject to Rising Tides's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://risingtides.io or sending emails to Rising Tides constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Rising Tides does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://risingtides.io only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://risingtides.io may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Rising Tides and Rising Tides is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rising Tides is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rising Tides of the site or any association with its operators.
Certain services made available via https://risingtides.io are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://risingtides.io domain, you hereby acknowledge and consent that Rising Tides may share such information and data with any third party with whom Rising Tides has a contractual relationship to provide the requested product, service or functionality on behalf of https://risingtides.io users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://risingtides.io strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rising Tides that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rising Tides or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rising Tides content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rising Tides and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rising Tides or our licensors except as expressly authorized by these Terms.
Satisfaction Guarantee
Rising Tides is a marketing agency, providing marketing technology integration, content creation and advisory to our clients. Our primary function is building marketing engines using no code, integration and AI agents. If a client isn’t satisfied within the initial subscription period (one month) they can request a refund in writing to grady@risingtides.io with explanation of why they are looking to cancel, within the initial subscription period. Rising Tides will refund the operation and automation costs of building their marketing engine incurred within that initial subscription period only upon return of all project deliverables including (but not limited to):
Prospects created and enriched,
Workflows, agentic prompts and saas tool(s),
Sequences, Messaging, Scripts or Campaigns,
Inboxes, domains, or infrastructure settings,
and other resources setup or managed by Rising Tides on clients behalf.
International Users
The Service is controlled, operated and administered by Rising Tides from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rising Tides Content accessed through https://risingtides.io in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Rising Tides, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rising Tides reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rising Tides in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Rising Tides agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MODERN BUSINESS RESOURCES LLC DBA RISING TIDES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MODERN BUSINESS RESOURCES LLC DBA RISING TIDES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MODERN BUSINESS RESOURCES LLC DBA RISING TIDES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERN BUSINESS RESOURCES LLC DBA RISING TIDES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MODERN BUSINESS RESOURCES LLC DBA RISING TIDES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Rising Tides reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rising Tides as a result of this agreement or use of the Site. Rising Tides's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rising Tides's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rising Tides with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rising Tides with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rising Tides with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Rising Tides reserves the right, in its sole discretion, to change the Terms under which https://risingtides.io is offered. The most current version of the Terms will supersede all previous versions. Rising Tides encourages you to periodically review the Terms to stay informed of our updates.
Rising Tides Client Service Terms and Conditions
Effective Date: June 2, 2026
1. Scope of Services
Rising Tides provides managed marketing, outbound prospecting, sales enablement, advisory, documentation, workflow design, campaign support, implementation support, and related execution services using commercially available software platforms and Rising Tides' internal systems, know-how, methods, templates, and operating procedures. The Rising Tides website presents the business as a managed growth and enablement partner that architects, runs, and documents repeatable growth systems the client can own, rather than as a seller of guaranteed outcomes.
Services may include, depending on the package purchased or statement of work: strategic planning, ideal customer profile development, list research, data enrichment, targeting design, sequence planning, outbound messaging frameworks, campaign implementation, CRM updates, reply handling support, documentation, sales process visualization, reporting support, automation support, tool configuration, reputation support, warmup support, and related advisory or enablement assistance. Any service not expressly included in a signed proposal, order form, statement of work, or written scope approval is outside the scope of the services.
Rising Tides packages are structured as task-completion, scope-based, or deliverable-based service offerings and not as hourly employment, staff augmentation, time-and-materials, or time-availability arrangements. Industry descriptions of time-and-materials agreements generally define them as contracts billed according to labor hours and materials used, which is different from a scope-based managed service model centered on completion of agreed tasks and deliverables. Unless a written agreement expressly states otherwise, Client is purchasing completion of the services and deliverables within the applicable package scope, not any guaranteed number of labor hours, response minutes, dedicated personnel hours, or continuous time availability.
2. Managed Service Relationship
Rising Tides is a managed service provider and not an employer, broker, dealer, franchise provider, attorney, accountant, fiduciary, data broker, or guarantor of Client's commercial success. Rising Tides may recommend, configure, access, operate, or support third-party software solely in connection with delivering the services. Third-party software may include, without limitation, Slack, Pipedrive, HubSpot, Smartlead, Clay, Instantly, Apollo, Seamless, and similar commercially available tools.
3. Service Standard; No Guarantee of Results
Rising Tides will use commercially reasonable efforts to provide the services in a professional manner consistent with the applicable service package. Rising Tides does not guarantee any specific outcome, including meetings booked, reply rates, opportunity creation, lead quality, pipeline generation, revenue, conversion rates, or return on investment. Any samples, statistics, examples, testimonials, or case studies are illustrations of prior engagements only and are not warranties or predictions of future results. The Rising Tides website describes growth work as iterative experimentation, documentation, and optimization, which underscores that results depend on client market conditions, audience fit, offer strength, pricing, responsiveness, sales execution, and other variables outside Rising Tides' control.
4. Client Ownership of Client-Specific Deliverables
Except as expressly stated in Section 5, and upon payment in full of all applicable fees, Client shall own the client-specific targeting frameworks, ICP definitions, audience selections, campaign copy, messaging frameworks, reply handling frameworks, CRM notes, process documentation, account-level reporting exports, and other deliverables specifically created for Client in connection with Client's engagement. This ownership applies to client-specific work product delivered in documents, systems, campaigns, and the Client's CRM environment.
5. Rising Tides Ownership of Proprietary Systems and Managed Infrastructure
Rising Tides retains and owns all right, title, and interest in and to its pre-existing and independently developed materials, proprietary systems, methods, prompt libraries, playbooks, templates, automations, custom prospecting tools, agentic workflows, enrichment systems, warmup systems, inbox reputation systems, dashboards, training assets, internal documentation, service models, and all modifications, enhancements, or derivative materials thereof. Rising Tides also retains ownership of any multi-client or generalized systems used to provide services, even if such systems are configured for Client's engagement.
Except where expressly transferred in writing, Client receives only a limited, non-exclusive right to use any Rising Tides proprietary system or managed infrastructure made available during the engagement. No license, assignment, or transfer of ownership is granted by implication, estoppel, or course of dealing.
6. Prospecting Methods and List Delivery
Client acknowledges that Rising Tides may identify, research, enrich, validate, prioritize, segment, or organize contacts through a combination of human research, commercially available SaaS products, custom automation, and agentic tools. Final prospect lists will be deemed delivered when loaded into Client's CRM, transmitted to Client in an agreed export format, or otherwise made available to Client through an agreed handoff process. At that time, the applicable list deliverable shall be considered provided.
7. Third-Party Software, Platform, and Data Disclaimer
Rising Tides is not the publisher, manufacturer, operator, or controller of third-party software, data sources, mail platforms, domain providers, telecom providers, or integration services used in connection with the services. Rising Tides is not responsible for outages, bugs, account restrictions, data inaccuracies, API failures, integration limitations, deliverability issues, spam filtering, domain health issues, account suspensions, pricing changes, policy changes, enforcement actions, security incidents, or any other conditions caused in whole or in part by third-party providers or external systems. Client accepts the risks associated with the use of third-party tools, whether chosen by Client or recommended by Rising Tides.
8. Client-Directed Changes, Client Inputs, and Substitutions
If Client rejects, substitutes, overrides, delays, or materially changes any Rising Tides-recommended tool, workflow, domain setup, inbox configuration, targeting method, sequence architecture, enrichment source, messaging structure, reporting method, operational process, or implementation requirement, Rising Tides shall not be responsible for any resulting reduction in performance, compliance posture, deliverability, accuracy, reporting quality, or campaign results. The same limitation applies where Client supplies or controls its own prospecting data, contact lists, domains, inboxes, integrations, accounts, software tools, claims, sales scripts, or campaign inputs.
9. Communication Model
Communication, update cadence, meeting availability, channels, turnaround expectations, escalation paths, and support boundaries will be provided in accordance with the service model, onboarding materials, package structure, and operating cadence communicated by Rising Tides for the applicable engagement. Client acknowledges that communication is provided according to the purchased service model and onboarding process, and not as an unlimited on-demand support commitment unless expressly stated in writing.
10. Client Responsibilities
Client is solely responsible for: (a) the legality, truthfulness, sufficiency, and substantiation of its business, product, service, offer, pricing, and marketing or sales claims; (b) final approval of messaging, campaigns, and business representations; (c) timely approvals, access, feedback, and internal coordination; (d) maintaining valid rights and licenses for all client-furnished materials and third-party software under Client's control; (e) reviewing all campaign content and recommendations for suitability to Client's market; and (f) compliance with all laws, regulations, platform rules, and internal policies applicable to Client's business, outreach, privacy, employment, data, marketing, and sales activities.
Client is solely responsible for how it follows up on prospects, handles opportunities, negotiates, prices, contracts, closes business, and services customers. Rising Tides does not control Client's sales team, customer experience, product delivery, or commercial execution after a lead, prospect, or opportunity is generated or supported.
Because Rising Tides may support cold email, cold outreach, and related prospecting or sales enablement activities for clients operating in the United States, Canada, the European Union, and other international markets, Client expressly directs Rising Tides to perform services on Client's behalf and under Client's commercial instruction. Client is solely responsible for determining whether its outreach strategy, offers, targeting, disclosures, consent practices, data usage, and sales activities comply with all applicable local, regional, national, and international laws, regulations, platform rules, and industry standards. Rising Tides does not provide legal advice and shall not be liable for fines, claims, penalties, investigations, enforcement actions, or other liabilities arising from Client's outreach activities, market conduct, or legal compliance obligations in any jurisdiction. General service-provider guidance commonly places compliance responsibility on the client for regulated activities carried out on the client's instructions, and international data transfer frameworks also require legally binding allocations of responsibility where cross-border compliance duties apply.
11. Advisory and Enablement Standard
Rising Tides provides strategy, enablement, documentation, implementation support, and campaign management intended to support Client's internal sales and marketing efforts. The Rising Tides website states that the business architects, runs, and documents a growth machine the client can own, which supports a characterization of the services as advisory and execution support rather than a commitment to specific business results.
Any guidance provided by Rising Tides is offered in a commercial services capacity only. No service, recommendation, or communication from Rising Tides shall be construed to create a partnership, joint venture, agency relationship beyond the contracted scope, fiduciary relationship, investment advisory relationship, legal advisory relationship, or other heightened duty.
12. Advisory Input of Team Members
From time to time, Rising Tides and its employees, contractors, officers, advisors, and representatives, including account leaders, founders, and any fractional CRO or similar strategic resource assigned to the engagement, may provide Client with guidance, observations, opinions, coaching, or recommendations regarding messaging, pricing, positioning, offer structure, sales process, qualification, outreach operations, CRM usage, pipeline management, sales conversations, and related commercial issues. Such support is offered solely to assist Client in documenting, evaluating, and improving its go-to-market and sales process.
Unless expressly included as a written deliverable in a signed statement of work or order form, such advisory support is incidental to the managed services relationship and is not a standalone required deliverable. Client remains solely responsible for deciding whether to adopt, reject, modify, or implement any recommendation and for all consequences arising from Client's pricing, staffing, sales, compliance, operational, or strategic decisions. Wisconsin authorities emphasize that contractual limitations on liability and indemnity are more likely to be enforced when drafted clearly and specifically, while exculpatory language is construed narrowly and therefore should be explicit and unambiguous.
No oral or written advice, commentary, support, or recommendation from Rising Tides or its personnel will create any warranty, guarantee, promise of performance, or duty to ensure results unless expressly stated in a written agreement signed by both parties.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY WISCONSIN LAW, THE SERVICES, DELIVERABLES, ADVISORY SUPPORT, PROSPECT LISTS, AUTOMATIONS, REPORTS, DOCUMENTATION, AND ALL RELATED WORK ARE PROVIDED "AS IS" AND "AS AVAILABLE." RISING TIDES DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, DELIVERABILITY, OR RESULTS.
WITHOUT LIMITING THE FOREGOING, RISING TIDES DOES NOT WARRANT THAT ANY CAMPAIGN, SOFTWARE STACK, DATA SET, DOMAIN CONFIGURATION, INBOX SETUP, MESSAGING FRAMEWORK, PROCESS CHANGE, OR RECOMMENDATION WILL PRODUCE ANY SPECIFIC COMMERCIAL, TECHNICAL, OR OPERATIONAL RESULT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY WISCONSIN LAW, RISING TIDES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, COST OF COVER, BUSINESS INTERRUPTION, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Wisconsin commercial guidance recognizes that clear waivers of consequential damages and clear liability caps are generally enforceable absent unconscionability, especially where the clause is specific and unambiguous.
TO THE MAXIMUM EXTENT PERMITTED BY WISCONSIN LAW, RISING TIDES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO RISING TIDES FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
CLIENT AGREES THAT THE FEES CHARGED BY RISING TIDES REFLECT THIS ALLOCATION OF RISK, THAT THE LIMITATIONS IN THIS SECTION ARE A MATERIAL BASIS OF THE PARTIES' BARGAIN, AND THAT SUCH LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Indemnification
To the maximum extent permitted by applicable law, Client shall defend, indemnify, and hold harmless Rising Tides and its owners, officers, employees, contractors, advisors, and agents from and against any third-party claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Client's products, services, offers, claims, pricing, business practices, or sales conduct; (b) Client-furnished data, lists, materials, instructions, or business representations; (c) Client's violation or alleged violation of law, regulation, platform rule, contract, or third-party right; (d) Client's decision to use, reject, modify, or implement any recommendation or deliverable; or (e) Client's use of deliverables, third-party software, or outreach systems outside Rising Tides' recommended or supported implementation. Wisconsin materials note that indemnity clauses allocate risk by contract and should be drafted expressly and with attention to scope.[13][14]
16. Acceptance of Electronic Terms
Client agrees that payment of an invoice, execution of a proposal, signature on an order form or statement of work, click-through acceptance, use of a payment link referencing these terms, or continued use of the services after receipt of these terms constitutes acceptance of these Client Terms and Conditions. Because Wisconsin courts and commentators emphasize clarity, conspicuousness, and the circumstances of assent when enforcing risk-allocation language, these terms should be presented in a clear and accessible manner at the point of acceptance.
17. Priority of Signed Agreements
If Client and Rising Tides enter into a separate written master services agreement, order form, or statement of work signed by both parties, that signed agreement will control to the extent of any direct conflict with these Client Terms and Conditions. Otherwise, these Client Terms and Conditions apply universally to all Rising Tides services.
18. Governing Law and Venue
These Client Terms and Conditions, and any dispute, claim, or controversy arising out of or relating to the services, the parties' relationship, or any proposal, order form, statement of work, invoice, payment link, or related transaction, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws principles.
The parties agree that any action or proceeding arising out of or relating to these Client Terms and Conditions shall be brought exclusively in the state or federal courts located in Wisconsin, and each party irrevocably submits to the personal jurisdiction and venue of such courts.
19. Mediation Requirement; Own Fees
Before either party initiates litigation relating to the services, the parties shall first attempt in good faith to resolve the dispute through confidential mediation conducted in the State of Wisconsin. The mediation shall be administered by a mutually agreed mediator or mediation service, and each party shall bear its own attorneys' fees, legal costs, travel costs, expert fees, and related expenses incurred in connection with the dispute or mediation, unless a final written settlement expressly provides otherwise. Wisconsin follows the American Rule absent a statute or contract shifting fees, and drafting guidance often cautions against unnecessary prevailing-party fee clauses in commercial agreements.
Rising Tides shall not be responsible for Client's attorneys' fees, legal expenses, investigation costs, or other professional fees arising out of any dispute, claim, inquiry, compliance issue, or legal proceeding relating to the services, except to the extent a non-waivable law expressly requires otherwise. The parties may seek temporary injunctive relief in a court of competent jurisdiction in Wisconsin if necessary to protect confidential information, intellectual property, or payment rights pending mediation.
19. Construction and Severability
These Client Terms and Conditions shall be construed fairly and not strictly for or against either party as drafter. If any provision is held invalid, unenforceable, or limited by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law, and the invalid or unenforceable provision shall be enforced to the greatest extent permitted by law.
20. Billing, Scope, and Cancellation
All services and packages are delivered as directed by the Client and confirmed through pre-invoiced agreements. Services are billed as a full monthly subscription and are not prorated based on start date, cancellation date, or service usage. Cancellation requests must be submitted at least one (1) full calendar month in advance. Any cancellation request received within an active service month will apply to the following month’s service period.
Contact Us
Rising Tides welcomes your questions or comments regarding the Terms:
Rising Tides
1259 El Camino Real
Unit #1284
Menlo Park, CA 94025
Email Address:
tean@risingtides.io
Effective as of January 01, 2024