Terms and Conditions of Use
Effective as of 7/28/15
Upside LLC (the “Company”) maintains the Website located at http://www.upside-life.com (the "Website"). By using the Website, you accept and agree to be bound by all of the following Terms and Conditions.
Ownership of Content
As between you and the Company, Company owns, solely and exclusively, all right, title and interest in and to the Website and all content including audio, photographs, illustrations, graphics, video, software, data and materials thereon (collectively, the “Content”), the look and feel of the Website, the compilation of the Content on the Website, and any intellectual property rights therein. Your use of the Website does not grant you ownership of any Content you may access on the Website.
You may download the Content displayed on the Website for your non-commercial use only. You may not remove or alter any intellectual property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, re-post, or make derivative works using any of the Content for commercial purposes.
Submission of Content
Users who provide content to Company for the Website are granting Company a nonexclusive, perpetual, worldwide, irrevocable license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. You agree that Company may use your content for these purposes without making any payments to you. If you are not willing to grant Company these rights, please do not contribute content to our Website. Please make sure that any content you contribute does not infringe on the intellectual property rights of any third party. For example, if you upload a drawing or a photo, please make sure that you are the creator of the work. Do not contribute content to which you don’t own the rights.
Please also remember to exercise good judgment when contributing written material or other content. In the Company blog, for example, the Company prohibits comments that are offensive or objectionable to others, that use inappropriate language, or that are off topic. We reserve the right to edit or delete user comments or content in a manner consistent with our mission and policies. Please do not insert your own or a third party's advertising, branding or other promotional content into any of your comments or content. Company is not responsible for any of the user generated comments or content that appear on our Website.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on Content are registered or unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark owner. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without our written permission or that of the trademark owner. Your misuse of any Trademark is strictly prohibited.
Disclaimer of Warranties, Limitation of Liability and Indemnification
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE OR E-MAIL SENT FROM OR ON BEHALF OF THE SITE ARE FREE OF VIRUSES OR MALWARE. IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE CONTENT OR PRODUCTS SOLD THROUGH THIS WEBSITE.
Order Acceptance and Shipment
Your placement of an order for any goods or services that we may offer on this Website does not necessarily mean that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly ship your product. While Company will use commercially reasonable efforts to process orders placed on the Website within the time specified when the order is placed, we do not guarantee that orders will be processed, or received, by a particular date.
Availability of Products
All products and services available on or through the Site, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any product or service may be discontinued at any time in our sole discretion. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the purchase or use of any service or product from this Web Site.
Accuracy of Product Information.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms and Conditions, the Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Some pages on the Website include links to other websites. The Company has not reviewed any of these websites and is not responsible for the content of these websites. The Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Company.
Termination of Access
Company may terminate or suspend your access to all or part of the Website, without notice, in its sole discretion. Such termination or suspension may occur for any conduct that Company believes is a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of Company and its users.
You agree to defend, indemnify and hold Company and its officers, employees, independent contractors and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any content or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Changes to the Terms and Conditions
Company may at any time revise these Terms and Conditions by updating this posting and changing the effective date indicated above. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Any legal action brought against the Company shall be governed by the laws of the State of Colorado without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or state courts located in Colorado. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in Colorado.
To contact Company please email us at: Gretchen@myupsidelife.com
By using the Website, you agree to receive electronic communications from the Company, whether addressed to the e-mail address associated with your account or posted on the Website.