Terms & Conditions

UpswingMe Terms & Conditions.

Last Updated on July 20, 2013. Your privacy is very important to us! This User Agreement delinates our Terms & Conditions that apply to your use of our websites, emails, and future mobile applications (“Site”). The terms “we”“us”, and “UpswingMe” refer to UpswingMe Inc., a Delaware corporation, and “User” “Upswinger” or “you” refers to YOU. When you use the Site, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy found here.

 

TABLE OF CONTENTS

  1. Service Providers
  2. UpswingMe Offers, Deals, Coupons, & Gift Certificates
  3. UpswingMe Expiration Dates
  4. Data Retention and Account Termination
  5. Children
  6. Security
  7. Dispute Resolution
  8. OPT OUT
  9. Modifications To This Privacy Policy

 I.         Service Providers

 

We are not involved directly in any transaction, including but not limited to social, fiduciary transitions, between Service Provider and YOU. Although UpswingMe has taken certain steps to examine the credentials of our listed Service Providers, UpswingMe makes no guarantee regarding the skills of the Service Providers nor the quality of services provided. UpswingMe does not guarantee the quality of the services of any particular Service Provider on our Site. It is entirely up to YOU to determine whether a Service Provider is suited for a particular task. YOU may then enter into a direct agreement with a Service Provider. The Service Providers are NOT EMPLOYEES OR AGENTS of UpswingMe. Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly.

 

 II.         UPSWINGME OFFERS, DEALS, COUPONS, & GIFT CERTIFICATES

 

UpswingMe “Offers” “Deals” “Coupons” or “Gift Certificates” herein called “Offers” refers to any discounted service voucher offered on the Site. They are redeemable vouchers for goods and services offered by the seller of such goods and services hereafter defined as “Merchant”. By purchasing Offers, YOU agree to be bound by the terms of the specific Offer offering such as but not limited to expiration date, price, discount, and all limitations. YOU further acknowledge that the Merchant is the seller and issuer of the voucher for the goods and services and responsible for all products, services, voucher redemption issues, and solely responsible for all claims arising therein. Specific state redemption expiration requirements are solely the responsibility of the Merchant. Neither UpswingMe nor the Merchant are responsible for lost or stolen Offers. Offers cannot be combined with any other Gift Certificates, vouchers, or special offers from the Merchant unless otherwise stated. UpswingMe may allow the UPSWINGER to return Offer purchases during a current offering to users. Once an offering is not available for purchase, Offers may not be returned or exchanged.

 

 

 III.         UPSWINGME EXPIRATION DATES

 

According to applicable law, the Merchant may be responsible for allowing you to redeem your for the cash value based on the money you actually paid for your Offer (i.e. if you paid $10 for a Offer which gives you $25 of value to the Merchant, the cash value that you paid is $10, not $25), for a period of time that extends beyond the expiration date on the Offer. While the expiration date on the Offer dictates the last date that you can use your Offer at Merchant for the promotional offer stated on the Offer, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Offer for a period of time beyond the expiration date stated on the Offer. In other words, you should be allowed to redeem the cash value (or purchase price) of your Offer up until the greater of: (1) the Offer’s expiration date; or (2) the minimum length of time allowed by applicable law for an Offer to expire. In the event that you have an expired Offer and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Offer, and if applicable law entitles you to such redemption, then please contact UpswingMe [and explain your situation in writing] and UpswingMe will discuss with Merchant, the terms and conditions of the agreement between UpswingMe and Merchant. The Merchant shall be responsible for all cost associate with purchase.

 

 IV.         USING OUR SERVICES

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in this Agreement. You agree to use the Reservations to seek availabilities with Service Providers and to honor those reservations by arriving at Service Provider’s place of business on time and paying for the services provided by the Service Provider. If you purchase Offers on the Site, you agree to redeem your purchase at the Merchant’s place of business and pay for the products or services provided by the Merchant using your purchased Offers Certificate according to the specifics of that certificate. If additional money, taxes, fees, are required for a Merchant’s product or services, you are responsible for paying these unless otherwise stated. You irrevocably grant UpswingMe unlimited use of your ratings and reviews. User reviews to do not necessarily reflect the views of UpswingMe. You agree that you are solely responsible for all risks associated with accuracy completeness or usefulness by others of your ratings and reviews. We reserve the right to revoke your access to the Site and services at any time and for any reason by our sole discretion. All information about the Service Providers is confidential and for your personal use only. If it is determined or suspected by UpswingMe in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, UpswingMe reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO UPSWINGME AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO UPSWINGME AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.

 

 V.         Liabilities

 

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL UPSWINGME BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, PURCHASES, PRODUCTS, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR RESERVATIONS OR PURCHASES), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER OR MERCHANT. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SITE.

 VI.         RELEASE

 

YOU HEREBY AGREE TO RELEASE UPSWINGME (AND OUR MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES, THE PRODUCTS, THE MERCHANTS, AND ANY OF THE SERVICE PROVIDERS.

 VII.         indeminty

 

YOU AGREE TO INDEMNIFY UPSWINGME, AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS OR IN CONNECTION WITH THE SITE OR YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

 

 VIII.         CONTENT AND INFORMATION ON THE SITE

 

We do not control the information provided by Users, Service Providers, and Merchants. You may find other Users’, Service Providers’, and Merchants’ information to be inaccurate, harmful or offensive. By using the Services and Products you assume all of the risks associated with the use of the Site and the Service Providers and the Merchants and you agree to accept such risks and agree that UpswingMe is not responsible for the acts or omissions of USERS, Service Providers, and Merchants. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.

 

 IX.         JURISDICTION AND ARBRITATION  

 

This Agreement is made under and shall be governed by and construed in accordance with the laws of State of New York, without regard to any choice of law provisions.

 

Any legal controversy or legal claim arising out of or relating to this Agreement or the Services or the Site, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the Site, our intellectual property, and the Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof

 

 X.         SWEEPSTAKES/GIVEAWAY TERMS

No purchase necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning.

  • HOW TO ENTER: Sweepstakes/Giveaway (collectively referred to as the “Promotion”) begins and ends as stated by Host (“Blogger”) on Host’s website. Go to Host’s website and follow the to the on-screen instructions. Entrants must sign up for UpswingMe unless otherwise stated by Host or affiliate. Odds of winning will depend upon the total number of eligible entries received. Prize and number of winners is as stated by Host and is at sole discretion of Host and Sponsor (UpswingMe, Inc.). Please note that services may only be redeemable in New York City or Los Angeles. If the winner is located in state outside of Sponsor’s territory, UpswingMe will disclose alternative soltions.  
  • WINNER NOTIFICATION: Winners will be notified via phone, e-mail, or postal mail, at Host’s discretion once the Promotion has ended. If Winner does not respond within one week of notification Host and Sponsor withhold the right to determine a new Winner.
  • ENTRIES: Limit one (1) entry per household. Multiple entries from the same household will be disqualified. Entries become the property of the Host/Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. Host/Sponsor is not responsible for late, incomplete, or inaccurate entries. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the e-mail address. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
  • ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are ages 18 years or older at time of entry. Void in Puerto Rico and where prohibited by law. Employees of Host/Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.
  • CONDITIONS OF PARTICIPATION: Decisions of the Sponsors are final with respect to all matters relating to this Contest. By participating, Entrants agree to the Official Rules and decisions of the Sponsor, which shall be final and binding in all respects. Entrants must have a valid e-mail address, and it is entrant’s responsibility to update Sponsor of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute for prize an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial, and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Winners may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that he/she will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Host/Sponsor and its agencies to use winner’s name and/or likeness, biographical material, and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Host/Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Host/Sponsor is not responsible for any printing, typographical, mechanical, or other error in the printing of the offer, administration of the Promotion, or in the announcement of the prize. Promotion Rules are subject to change at sole discretion of the Sponsor.
  • INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Host, Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten, or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
  • DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Promotion and all aspects related thereto.
  • SPONSOR: The Sponsor of this Promotion is Upswing Me Inc. 289 Convent Ave #33, New York, NY 10031

 

 XI.         UPSWINGME GIFT CARDS & GIFT CERTIFICATES    

  • NONRETURNABLE; NOT FOR RESALE: Notwithstanding anything contained in these Terms and Conditions, UpswingMe plastic Gift Cards, online Gift Cards, and online gift codes or promotional codes (“Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of UpswingMe Gift Cards is strictly prohibited.
  • NOT FOR PROMOTIONAL USE: UpswingMe Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain UpswingMe’s prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with UpswingMe’s standard Gift Card license agreement. Please email hello@upswingme.com and an associate will contact you by the next business day.
  • NO AFFILIATION WITH UPSWINGME: Use of UpswingMe’s name, logo, or trademarks (including any image/likeness of the cards) in connection with the purchase or use of UpswingMe Gift Cards is strictly prohibited. Furthermore, the use of UpswingMe Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, UpswingMe or any of its subsidiaries or affiliates is prohibited.
  • COMPLIANCE WITH LAWS: By purchasing UpswingMe Gift Cards, you are certifying and representing to UpswingMe that the activities in connection with which the UpswingMe Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the UpswingMe Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or UpswingMe. In addition, you agree to defend and indemnify UpswingMe,Inc. from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the UpswingMe Gift Cards or violation of any of these Terms and Conditions.
  • LOST OR STOLEN GIFT CARD: If your Gift Card is lost or stolen, immediately email customer service at hello@upswingme.com. Your Gift Card will be cancelled and we will issue a new one with the remaining balance. Lost or stolen Gift Cards cannot be replaced without the original receipt. UpswingMe.com and its affiliates shall have no liability to you for (i) lost or stolen Gift Cards or (ii) use of any Gift Cards by third parties through your UpswingMe.com account. You are solely responsible for keeping the password for your UpswingMe.com account safe and for any activity conducted under your account.
  • PROMOTIONAL GIFT CARDS: Limit one per customer per event or promotion. UpswingMe reserves the right to void any purchases or bookings made using more than one Gift Card obtained from a single event or promotion. If continued abuse is recognized by UpswingMe, UpswingMe reserves the right to cancel your appointment or adjust the payment source to the User’s credit card on file as listed in the User’s account. UpswingMe will not make any adjustments until the User is notified and has agreed changes to the purchase, booking, or payment source.

 

  1. XII.         amendments to this agreement         

 

UpswingMe reserves the right at all times to discontinue or modify any of our User Agreement and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our User Agreement/Terms & Conditioners and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our User Agreement and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the User Agreement and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon UpswingMe’s posting thereof. Any use of UpswingMe by End User after such notice shall be deemed to constitute acceptance by End User of such modifications. If you have any questions regarding this Agreement or UpswingMe’s terms and conditions of use, you may contact us by emailing hello@upswing.me.

 

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