TERMS AND CONDITIONS

We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.

Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.

You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. Uphid.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and uphid.com has no obligation to investigate the source of any such access or use of the Site.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by  uphid.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify uphid.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

The company has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of uphid.com. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts and Course Eligibility

When you purchase a course or create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or course access.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

Intellectual Property

The Company and its original content, features, and functionality are and will remain the exclusive property of uphid.com. and its licensors. The Company is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of uphid.com.

Purchase(s)/Payment(s)

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

All purchases and payment plans will be billed in U.S. dollars (USD). The Company is not responsible for international purchase fees or exchange rates.

When you place an order for the Company’s course(s), you are offering to purchase the course according to these terms and conditions and agree to complete any chosen payment plan.

Following the successful purchase of one or more courses, you will receive any relevant welcome and access information within 24 hours.

Where products or services are offered on a payment plan, the overall cost is split into a fixed schedule of smaller payments which are collected at regular intervals until all of the payments have been made.

With regard to course payment plans, a legally binding agreement between the Company and you will come into existence at the time of purchase when we receive your first payment. This agreement means that you are required to complete all payments included in your chosen payment plan unless you cancel your course within the time allowed by the refund policy.

Cancellations and Refunds

For information about refunds please refer to our General Refund Policy..

If you have questions about course-specific refund policies please contact us at support@uphid.com.

Termination

uphid.com reserves the right to terminate or suspend your account or course access at any time with or without refund, cancellation of the payment plan, notice, or liability under our sole discretion, for any reason whatsoever and without limitation.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Reasons for termination include but are not limited to:

  • Breach of these Terms and Conditions;
  • Abusive or inappropriate behavior to any member of UpHid team;
  • Abusive or inappropriate behavior towards other students in course calls, forums, or Facebook groups;
  • Non-payment of course payment plans.
  • Product or service availability
  • Errors in the description or price of the product or service
  • Error in your order

Termination of course access due to abusive behavior or non-payment does not exempt you from completing any outstanding payment plans.

Course Content

Descriptions of uphid.com courses are available on our Website. We will provide these courses with reasonable care and skill in accordance with the descriptions set out on our Website.

The Company is constantly updating product and service offerings. We may experience delays in updating course information both within the courses and in our marketing/sales materials. Information found on the Company’s website or in the Company’s marketing materials may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the Company’s website or within the Company’s course offerings.

The Company reserves the right to vary, change, update, or withdraw any course or marketing materials described on the Company website or course sales pages to correct errors, inaccuracies, or omissions at any time without prior notice.

Permissions

Upon purchase of any of the Company’s courses or digital products, you give the Company permission to take a screenshot of, copy, exhibit, publish or distribute any review or testimonial either whole or in part for the purpose of promoting the Company’s courses or for any other lawful purpose. This includes any post shared in a course or Company social media group (e.g. Facebook, Slack, etc.)

You waive any right to inspect or approve the finished product, including a written copy wherein the testimonial appears.

Testimonials may be used in publications (digital or printed), multimedia presentations, on websites, social media, or in any other distribution media. You agree that you will not make any monetary or other claims against the Company for the use of any testimonials or reviews.

Student Conduct

Use of Materials: All materials – including but not limited to text, video, audio, images, and any other content – appearing via the Company’s courses or website are protected by copyright.

You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, modify, upload to, or in any way exploit any content from the Company’s courses or website.

You may not sell or offer for sale any of the content, or allow third parties to access it. You may use the content from the Company’s courses and/or website only for personal, non-commercial use.

Social Media Group Guidelines: The Company’s social media groups are for support, encouragement, and education. You are expected to conduct yourself as a professional, responsible, and kind adult.

Content must be “family-friendly”. No sexually explicit topics; no description or depiction of violence; no political topics; no racial, gender or ethnically offensive topics.

All of the Company’s social media groups are safe learning environments and highly charged or offensive opinions will not be permitted. Any posts of this kind and their author will be removed.

Examples of offensive conduct include but are not limited to:

  • Snarky comments to other members or instructors
  • Inappropriate, abusive, or offensive language
  • Blatant self-promotion of your own products, services or sites
  • Non “family-friendly” topics or language

If you have any questions regarding appropriate behavior in the Company’s social media groups you may contact our Support Desk at  support@uphid.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to  support@uphid.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at  support@uphid.com.

Our Service may contain links to third-party websites or services that are not owned or controlled by UpHid.com

UpHid.com has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that uphid.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the Terms of Service and privacy policies of any third-party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless uphid.com and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall uphid.com nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Uphid.com, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Entire Agreement

These terms and conditions, together with the Refund Policy and any Course Specific policies are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

Force Majeure

Uphid.com shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of nature, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the United States, and other countries without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at support@uphid.com.

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