Terms of Use
1.
TERMS. UPBrand Collaborative, LLC. (also referred to as “UPBrand Collaborative,” “UPBrand” or “Company”) Customary Website Terms of Use (“Terms of Use”) is legally binding between you as the Client and UPBrand, and the Terms of Use governs the use of our website (“Site”). Please read these Terms of Use carefully before proceeding. There are no other terms, understandings, agreements, other than those stated herein. Our performance of or start of performance of contracted work shall constitute your acceptance of the order and these Terms without any additional or different items. These Terms may not be altered, amended, or waived except in writing signed by our representatives expressly rejecting any or all the Terms. Acceptance of an order for product by us is subject to your acceptance of the express Terms contained herein. If any provisions of an order, whether yours or ours, or other writings, past, present or future, are different from or are otherwise in conflict with these Terms, these Terms shall govern, and the terms contained in said orders or other writings are expressly rejected by us.
2.
UPBrand Collabortive SERVICES. We provide advertising, marketing, production, communication, and promotion services to clients across the country. We are committed to advancing and elevating our clients’ brands and companies to the next level.
3.
SITE VISITORS. You agree to comply with all laws regarding online conduct. In addition, you must abide by the our policies as stated in this Terms of Use and other policy documents listed on our Site, as well as all other operating rules, policies and procedures that may be published from time to time on our Site by UPBrand Collaborative, each of which is incorporated herein by reference and each of which may be updated by UPBrand Collaborative from time to time without notice to you. Our Site is only available to users who are 18 years of age or older. By using our Site, you represent and warrant that you are at least 18 years old. UPBrand may, in its sole discretion, refuse to allow access to or use of our Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
4.
THIRD-PARTY ADVERTISING. The Site may contain links to third-party websites or services that are not owned or controlled by UPBrand Collaborative. Please see our Third Party Services, located
here.
5.
LICENSE, ACCESS, AND INTERFERENCE. UPBrand Collaborative grants you a limited license (“License”) to access and make personal use of this website. The content on our Site is the sole property of UPBrand. Unless otherwise noted, all the text, photos, images, and other content on the Site is the copyright-protected property of Company. UPBrand and other proprietary trademarks, graphics, logos, designs, page headers, button icons, scripts, and service names are federally registered trademarks, common law and/or state trademarks, or trade dress of UPBrand. Your License does not include the right to download, modify, or use any of our Site’s material, in whole or in part, without our express written permission; “any material” includes, but is not limited to: content, trademarks, trade dress, logos, product descriptions, pricing, text, graphics, audio and video clips, and/or account information. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of UPBrand Collaborative’s name or trademarks without the express written consent of UPBrand. Any unauthorized use of this Site voids the License granted by us. We do not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. You agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user content without our prior express written permission and the appropriate third party, as applicable; or (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
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PRIVACY. We take your privacy seriously. Please consult our Privacy Policy, which can be found
here, and our Cookies Policy, which can be found
here. Except as provided in the Privacy Policy, we will not sell or disclose your personally identifiable information to third parties without your consent. We use reasonable data security measures to protect all Site materials. Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website. For more information on how we use cookies, please see our Cookies Policy, located
here. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. The information is tracked for routine administration and maintenance purposes.
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PROTECTING YOUR ACCOUNT. Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
8. ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST US, OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, FOR PURPOSES OF THIS PARAGRAPH, “UPBrand Collaborative”) ARISING FROM OR RELATING TO THIS TERMS AND CONDITIONS OR PRIVACY POLICY, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF THE RELATIONSHIPS BETWEEN THE PARTIES, WHETHER PRE-EXISTING, PRESENT OR FUTURE (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION APPLYING MISSOURI LAW. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN UPBrand Collaborative AND YOU. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF US, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.