1. User’s Acknowledgment and Acceptance of Terms
Please read this agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this website, then you may not access the Website or use any services.
We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
2. Description of Service
We make various services available on this site including, but not limited to, WordPress maintenance and support, and other like services (the “Service”). You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new UpThink On Demand features, shall be subject to the TOS. You understand and agree that the Service is provided “as-is”.
3. Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Member Account, Password, and Security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify UpThink of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UpThink cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Payment and Renewal
- General Terms
By selecting a product or service, you agree to pay UpThink the one-time and/or annual membership fees indicated (additional payment terms may be included in other communications). Membership payments will be charged on a pre-pay basis on the day you sign up for an Account and will cover the use of that service for an annual membership period as indicated. Payments are not refundable unless otherwise noted.
- Automatic Renewal
Unless you notify UpThink before the end of the applicable membership period that you want to cancel a membership, your membership will automatically renew and you authorize us to collect the then-applicable annual fee for such membership using any credit card or other payment mechanism we have on record for you. Memberships can be canceled at any time by reaching out to our support team.
- Fees; Payment
By signing up for a membership account you agree to pay UpThink the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. UpThink reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time by submitting written notice to UpThink.
All memberships include access to support via the members-only Support page. “Support” means the ability to make requests for technical support assistance at any time (with reasonable efforts by UpThink to respond within 2-3 business days) concerning the use of the UpThink Services. All support will be provided in accordance with UpThink standard services practices, procedures and policies.
7. Use License
- Permission is granted to temporarily view the materials (information or software) on UpThink’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on UpThink’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by UpThink at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on UpThink’s web site are provided “as is”. UpThink makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
In no event shall UpThink or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on UpThink’s Website, even if UpThink or a UpThink authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Revisions and Errata
The materials appearing on UpThink’s web site could include technical or typographical errors. UpThink does not warrant that any of the materials on its web site are accurate, complete, or current. UpThink may make changes to the materials contained on its web site at any time without notice. UpThink does not, however, make any commitment to update the materials.
UpThink has reviewed all of the sites linked to its Internet web site but is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UpThink of the site. Use of any such linked web site is at the user’s own risk.
12. Trademark Information
All logos and slogans related to these TOS are trademarks of UpThink (the “UpThink Marks”). You agree not to display or use in any manner the UpThink Marks without prior written permission.