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Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you consent to these Terms of Use.

Your access to and use of this website, as well as all related websites operated by Upland Institute LLC (which includes uplandinstitute.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Upland Institute LLC directly related to the use of the Site are superseded and of no force or effect:

1. Ownership of Site and Content. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by Upland Institute LLC or its authorized third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are the property of Upland Institute LLC, (the “Company”) and/or its authorized third party providers. You agree that the Content shall include, but may not be limited to, all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. You further agree that to the extent that you provide feedback, suggestions, comments, or other input regarding the Site, Content, or business dealings of the Company (collectively the “Feedback”) that Company shall own all such Feedback and shall have the sole right and discretion to use such Feedback as it deems appropriate.

2. License to Use Site. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

3. Use of Site and Content. The use of Site and Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark, intellectual property, or other proprietary information without the express written consent of the Company or third party owner. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

4. Electronic Communications. When you use the Site or the Content, or send e-mails or other communications to the Company, you may be communicating with the Company electronically. You consent to receive communications from the Company, regardless of the form, through this site or its affiliated mailboxes or electronic devices or services. You agree that the aforementioned communications are sufficient to constitute written communications under applicable law.

5. Accuracy of Information. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

6. Privacy and Security. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

By using the Site, you signify your acceptance of the Company’s Privacy Policy located here: http://www.uplandinstitute.com/pages/privacy-policy.

7. DISCLAIMER OF WARRANTIES. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE CONTENT IS NOT DESIGNED TO ALLOW YOU TO MAKE MONEY AND THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S CONTENT OR SERVICES. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE CONTENT AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE AFOREMENTIONED DISCLAIMERS IN THIS SECTION 9 APPLY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

8. SUSPENSION AND TERMINATION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT OR SUSPEND YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT OR USE OF THE SITE IF THE COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION DETERMINES THAT YOU POSE A THREAT TO THE SECURITY OF THE SITE, THE COMPANY, HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY OR ITS AUTHORIZED THIRD PARTY PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY CLAIM HEREUNDER SHALL NOT EXCEED THE FEES PAID TO COMPANY FOR THE APPLICABLE PRODUCT THAT YOU PURCHASED FROM THE SITE.

10. Indemnification. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site, the Content, or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site, the Content, or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

11. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Kent County, Michigan. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

12. Modifications. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: May 1, 2021