We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting revised terms on the site. Notice of these changes will be posted on the homepage of this Website and the revised Terms of Service will take effect seven (7) days after their publication on the Service. In the event, we make material changes to the Terms of Service we will also notify you via email at the address we have on file. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may only watch Upgrade Profits courses for your own personal use and may not resell or display them to third parties. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to violate these Terms of Service. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue Upgrade Profits (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of Upgrade Profits.
We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on Upgrade Profits is void where prohibited.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content in a manner that involves the misuse of the Site.
You acknowledge and understand that “misuse” of the Site includes, but is not limited to using it in any manner that (i)interferes with other’s use of the Site or with Upgrade Profits’s ability to provide the website; (ii) infringes the copyright, trademark or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (iii) is fraudulent, contains defamatory or illegal information, images, materials or descriptions or otherwise violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) slanders, defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (v) involves spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (vi) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) uses the Site on a device without permission, regardless of whether it is a stolen, lost or unauthorized device; (viii) involves reselling any part of the Site to any other individual or entity; or (ix) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and any apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Upgrade Profits or any related website or app.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Trademarks, logos, and service marks displayed on Upgrade Profits are registered and unregistered trademarks of Upgrade Profits, its licensors or content providers, or other third parties. All other trademarks, logos, and service marks are the property of their respective owners.
Nothing on Upgrade Profits shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. Upgrade Profits reserves all rights not expressly granted in and to the site and its content.
This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Residents of Quebec/ Les Habitants de Québec:
It is the express wish of the parties that this agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.
In no event shall Upgrade Profits or any of its affiliates, officers, directors, employees, or agents be liable (whether in an action arising from contract or tort)
(I) indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Upgrade Profits has been advised of the possibility of such damages), resulting from any other matter relating to this website and/or goods and services offered thereby, (ii) any disclosure of information provided to Upgrade Profits (even if such disclosure is caused by the negligence of Upgrade Profits), except to the extent that such improper disclosure is directly caused by the intentional misconduct or gross negligence of Upgrade Profits. (iii) statements or conduct of any third party on the site; (iv) the occurrence of a force majeure event including, acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, governmental actions, orders of domestic or foreign courts or tribunals; riots, acts of war, terrorism, insurrection, rebellion or embargo; or credible threats of any of the above; and/or (v) any other matter relating to the site however caused and on any theory of liability (including negligence).
In no event shall Upgrade Profits’s total liability to you for all damages, losses, and causes of action whether in contract, tort
(including but not limited to, negligence) otherwise, exceed the lesser of the amount paid for any service in question or fifty U.S. Dollars ($50). The foregoing limitations shall apply notwithstanding any failure of essential
Purpose of any limited remedy. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any dispute, controversy, or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving Sheridan County, Wyoming.
For any claim where the total amount of the award sought is $10,000 or less:
(a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions, and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules, and the hearing (if any) must take place in Sheridan, Wyoming. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Sheridan County, Wyoming. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. For purposes hereof, the prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of IAC’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
For all disputes you may have, whether pursued in court or arbitration, you must first give Upgrade Profits an opportunity to resolve the dispute by providing written notification to email@example.com and via postal mail to 30 N Gould St, Ste N, Sheridan, WY 82801 stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If Upgrade Profits does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.