Terms of Use

Upward Projects

Terms of Use

1.              Acceptance

The following is an agreement (“Agreement”) between you (or “User”) and Upward Projects, LLC (“Upward Projects”). By accessing, browsing and/or using this website or any of the Upward Projects website (collectively, the “Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use the Site. Upward Projects may modify this terms of use from time to time and post those modifications here on this web page. Your continued use of the Site after any such modification constitutes your acceptance of the modified agreement. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by Upward Projects from its offices within the United States. Upward Projects provides services exclusively to customers in the United States. Upward Projects makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations other than the United States, do so on their own initiative and are responsible for compliance with all applicable laws.  Any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of Arizona.  The state and federal courts located in Phoenix, Arizona, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.

2.              Use Restrictions

The copyright in all material provided on the Site is held by Upward Projects.  Except as expressly permitted by Upward Projects, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or  otherwise, without the prior written permission of Upward Projects or the copyright owner.  Permission is granted to you to display, copy, distribute and download the materials on the Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms.  You also may not, without Upward Projects’ permission, “mirror” any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3.              U.S. Government Restricted Rights

The materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Upward Projects’ proprietary rights in them.

4.              Intellectual Property

“Upward Projects” is a registered trademark of Upward Projects. It, together with other trademarks that are located within the Site shall not be deemed to be in the public domain, but rather the exclusive property of Upward Projects, unless such mark is under license from the trademark owner thereof, in which case such license if for the exclusive benefit and use of Upward Projects unless otherwise stated.

5.              Changes

Information on the Site may be changed or updated without notice. Upward Projects may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

6.              Availability

Information which Upward Projects publishes on the Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Upward Projects intends to announce such products, programs or services in your country. Consult Upward Projects for information regarding the products, programs and services which may be available to you.

7.              Information “AS IS”

INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  ALL INFORMATION IS PROVIDED BY UPWARD PROJECTS ON AN “AS IS” BASIS ONLY.  UPWARD PROJECTS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

8.              Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UPWARD PROJECTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF UPWARD PROJECTS OR A UPWARD PROJECTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF UPWARD PROJECTS UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.              governing law and dispute resolution

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles).  The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution.  All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.

10.           Upward Projects Transmissions

Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Upward Projects or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing its services. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

11.           Revisions

Upward Projects may at any time revise this Agreement by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

12.           Digital Millennium Copyright Act (“DMCA”) Notice.

In the event materials are made available to the Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.  If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A 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 at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  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 infringed.

All DMCA notices should be sent to our designated agent as follows:

Garland Brown

Weiss Brown

6263 North Scottsdale Road, Suite 340

Scottsdale, AZ 85250

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

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