LIFT UP YOUR COMMUNITY
TERMS OF USE
Thank you for using our website (the “Site”). The Site and related service (the “Services”) are provided by Lift Up Your Community (the “Company”). In this Terms of Use Agreement (the “Terms”), “We”, “Our”, or “Us” refers to the Company, and the Company’s affiliates, employees, independent contractors, subcontractors, principals and agents.
These Terms apply to all users, visitors, and others who access or use the Site. Each time you use the Site for yourself or on behalf of an entity or organization (“Organization”), you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case “You”, “Your”, “User”, “Users” refers to you and that Organization. These Terms include the Company’s Privacy Policy, which is incorporated into these Terms by reference.
The Site may change as we evolve, refine, or add more features. In addition we might temporarily or permanently stop providing the Site or the Services to you and our users. We may modify these terms at any time, and if you continue to use the Services, it is understood that you are agreeing to the changes made. In case you do not agree in whole or in part with these Terms please do not access the Site or use the Services.
THIS IS A BINDING LEGAL CONTRACT, WHICH YOU AGREE TO BY ACCESSING THE SITE OR USING THE SERVICES. YOU MUST CONSIDER VERY CAREFULLY WHEN CHOOSING WHETHER TO ACCESS, AND/OR USE THE SERVICES, AS YOU WILL BE SUBJECT TO ALL OF THE TERMS AND CONDITIONS OUTLINED BELOW.
1. SCOPE OF USE
Subject to these Terms, you may access the Site and use the Services for their intended purposes and may download and print a single copy of the content available on or from the Site solely for your personal, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of the Company. You understand that we may discontinue, change, or restrict your use of the Services for any reason without notice.
2. USER CONTENT
Some areas of the Service may allow you to post or upload personal information, business information, text, graphics, or other material (“Content”), and to share your Content with others. You retain ownership of your Content, but there are many things that others may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. The Company has no responsibility for that activity. Please consider carefully what you choose to share.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any child; (ii) may create a risk of any other loss or damage to any person, business or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights, trade secrets or rights of privacy.
We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display, and distribute such Content in connection with providing the Site and Services to you and other users. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Site including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of the Company, its customers, and the public.
3. INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP
LIFT UP YOUR COMMUNITY, #LIFTUPYOURCOMMUNITY and other trademarks, logos, slogans, service marks, trade names, and trademarks which appear on the Site (collectively the “Lift Up Marks”) are proprietary to the Company. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided on the Site. Furthermore, all content of the Services is protected by U.S. and foreign copyright laws.
Part of the Services include providing resources for our users to create their own local community hubs that use the Marks and link to the materials on the Site. In connection with such Services, we hereby grant you a limited, revocable license to use the Marks and Site materials solely for the purpose of creating, supporting and promoting a LIFT UP YOUR COMMUNITY organization/chapter in your local area or a LIFT UP YOUR COMMUNITY group/movement within your organization. This license is conditioned on you and your organization maintaining compliance with our guidelines and instructions for using the Marks. We reserve the right to inspect your use of the Marks and may revoke the license if, in our sole judgment, we believe that your use is not in compliance with our guidelines and instructions. Upon receiving written notice from us that your license to use the Marks has been revoked, you agree to immediately cease all use of the Marks.
Except as provided herein, no other rights are granted under any patent, trademark, copyright or other intellectual property of the Company or any third party. All rights not granted under these Terms and Conditions are reserved by us.
Any improvements, enhancements or modifications to the Services or the Site created, suggested or requested by you shall be automatically assigned to, and owned by the Company.
4. LINKS
This Site may contain links to websites operated by other parties. The linked sites are not under our control, and we are not responsible for the content available on any other Internet sites linked to this website. Such links do not imply our endorsement of material on any other site and we disclaim all liability with regard to your access to such linked websites. Links are provided to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
5. USE OF CONTENT
All Content in or on the Site, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted to the Site. We may not monitor or control the Content posted on the Site, and we cannot take responsibility for such Content. If you use or rely on any Content, including without limitation information, materials, advice, referrals, recommendations or services posted on the Site or obtained by you through the Service, it is at your own risk.
Under no circumstances will the Company be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content on the Site or in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
6. AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT OR TRADEMARK INFRINGEMENT
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Service in a way that constitutes copyright or trademark infringement, please contact us by email at kiley@liftupyourcommunity.com. For more information, please see our Privacy Policy.
7. ACCEPTABLE USE
You agree not to misuse the Site. For example, you must not, and must not attempt to, do the following things:
Impersonate others or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
access, tamper with, or use non-public areas of the Site; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”); use the Site to send or provide altered, deceptive, or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site. International users agree to comply with all local laws regarding online conduct and acceptable content.
We reserve the right to immediately terminate all rights and licenses granted without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of the Site.
8. THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL SERVICES ADVICE
THIS WEBSITE DOES NOT, IN ANY WAY, CONSTITUTE PROFESSIONAL ADVICE OR A SUBSTITUTE FOR SEEKING EXPERT OPINION, HELP OR SERVICES. The content on the Site and the Services provided is offered solely on an “as is” and “as available” basis. You are advised to do your own due diligence when it comes to business organization and tax decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal, tax or financial advice.
9. DISCLAIMER
NO PROMISE OR REPRESENTATIONS: THE SITE, SERVICES AND ANY RELATED MATERIALS ARE PROVIDE AS-IS WITH NO WARRANTIES, IMPLIED OR OTHERWISE. YOU RECOGNIZE AND AGREE THAT WE PROVIDE NO GUARANTEES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR WARRANTIES OF ANY NATURE WHATSOEVER.
10. LIABILITIES AND INDEMNITIES
You shall release, indemnify and hold harmless Brandt Ins and Fin Svcs, Inc., and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys’ fees) (collectively, “Damages”) asserted against, imposed upon or incurred by Brandt Ins and Fin Svcs, Inc. and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you, including, without limitation, any infringement of any third party’s rights by your use of the Service or through Content you provide. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY US, BY A USER OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. MISCELLANEOUS
(a) Unless otherwise agreed in writing these Terms constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms; (c) Provisions herein related to suspension, termination, cancellation, general use of the Site, disputes, your liability, indemnity and general provisions shall survive any termination of this Agreement.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Site is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Site.
These Terms shall be governed by the laws of the State of Virginia, without giving effect to any principles of conflicts of laws thereof.
12. EQUITABLE RELIEF
The Company reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Terms.
13. QUESTIONS
If you have any questions about these Terms and Conditions, please contact us at kiley@liftupyourcommunity.com or call (804) 867-5557.