1. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Philadelphia County, Pennsylvania, U.S.A. under the commercial arbitration rules of the American Arbitration Association.
2. The content of the pages of the Site and information available on the Site is for your general information and use only. It is subject to change without notice.
3. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable in any manner whatsoever. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
4. The information contained in this web site is for general guidance on topics selected by Uplifme. The information and contents on this web site are provided with the understanding that Uplifme and the various authors and providers providing such information and content does not constitute the rendering of medical, physiological, social, legal, accounting, tax or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors, physicians, psychologists, social service providers. Uplifme does not warrant the completeness or accuracy of the information and content found at the site, or its usefulness for any particular purpose.
6. You must be at least [eighteen (18)] years old to use this Site or be supervised by your legal guardian when using this Site.
7. You may not reverse engineer, disassemble, or take any similar action which would injure the Site.
8. You may not represent yourself as an affiliate, sponsor, or representative of the Site.
9. You may not bully, harass, use offensive language, conduct illegal activity or any similar disruptive activity which may threaten or offend other users of the Site.
10. You may not solicit business, via posts, comments, bulletins or any other manner to other users of the Site, unless such material has been specifically reviewed and approved by Uplifme, LLC. Any such providers or vendors who desire to have items and/or materials posted to the site shall first provide Uplifme which digital of such items and materials. Uplifme shall have seven (7) days from the date of submission to review such materials and either approve or reject such material from appearing on the site. Uplifme shall not be liable in any manner with respect to any time limits imposed by any such provider or vendor.
11. If you contribute to the blog, comment on the material to the Website, post links on the Website, or otherwise make (or allow party to make) material available by means of the Website (or any such material), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes graphics, an audio file, or computer software. By making content available, you and warrant that:
• the downloading, copying and use of the content will not infringe the rights, including but not limited to the copyright, patent, trademark or trade rights, of any third party;
• if your employer has rights to intellectual property you create, you have received permission from your employer to post or make available the content, including but not limited to any software, or secured from your employer waiver as to all rights in or to the content;
• you have fully complied with any third-party licenses relating to the content, have done all things necessary to successfully pass through to end users any required terms;
• the content does not contain or install any viruses, worms, malware, Trojan or other harmful or destructive content;
• the content is not spam, is not machine- or randomly-generated, and does contain unethical or unwanted commercial content designed to drive traffic party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Uplifme or otherwise.
By submitting content to Uplifme for inclusion on the Website, you grant Uplifme a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your content. If you delete content. If you delete content, Uplifme will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Uplifme has the right (though not the obligation) to, in Uplifme’s sole discretion (i) refuse or remove any content that, in Uplifme’s reasonable opinion, violates any Uplifme policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Uplifme’s sole discretion. Uplifme will have no obligation to provide a refund of any amounts previously paid.
12. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
13. This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
14. All content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
15. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site or a linked Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
16. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
17. You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents is neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your equipment, programs and information and by using our Site or a linked Site you are assuming all risk of loss that may arise or be associated with the use of our Site or a linked Site. You further agree that Provider, its affiliates and any of their respective officers, directors, owners, members, employees or agents will not be liable for matters arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a linked Site, even if Provider is made aware of the possibility of such damages. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, cost or expense of any kind, direct or indirect, in connection with or arising from our Site or linked Site, content, any action taken (or not taken) as a result of our Site or linked Site or content or our terms and conditions, including but not limited to compensatory, consequential, incidental, special, exemplary and punitive damages, regardless of the form of action or basis of claim and whether or not any party has been advised of the possibility of damages. This limitation on liability also includes the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site or a linked Site.
18. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
19. You agree to defend Uplifme, LLC against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
20. Our Terms and Conditions are effective unless and until terminated by Uplifme, LLC. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Sites. Uplifme, LLC may also terminate, discontinue or suspend our Terms and Conditions and any of our Sites at any time and may do so immediately without notice, and accordingly we may deny you access to any Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from any Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
21. If any provision of our Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
23. Nothing in our Terms and Conditions is intended to confer on any third party (whether referred to in our Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of our Terms and Conditions or any agreement entered into in connection with it.
24. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the Commonwealth of Pennsylvania, United States of America and applicable federal law without regard to conflicts of laws principles.
26. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL UPLIFME, LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES, EVEN IF UPLIFME, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UPLIFME, LLC’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO UPLIFME, LLC FOR THE PRODUCTS OR SERVICES OR ONE HUNDRED DOLLARS ($100).
27. THESE TERMS AND CONDITIONS OF USE DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY STATED ABOVE ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED.
28. These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law.
29. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Uplifme may, at its sole discretion and without notice, revise these terms at any time by updating this posting. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Uplifme, as described above.