1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and UPvision Consulting LLC ("Company," "we," "us," or "our") governing your access to and use of the mobile application and website (collectively, the "Service").
By creating an account, downloading the App, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
2. Eligibility
To use the Service, you must:
- Be at least 13 years of age. Users between 13 and 18 must have verified parental or guardian consent.
- Have the legal capacity to enter into a binding agreement.
- Not have been previously suspended or removed from the Service.
- Not be prohibited from using the Service under applicable law.
By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify eligibility and to terminate access for users who do not meet these requirements.
3. Account Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information to keep it accurate and complete.
- Keep your password confidential and not share it with any third party.
- Notify us immediately upon discovering any unauthorized use of your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to refuse registration, cancel accounts, or remove content at our sole discretion.
4. Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, professional purposes. You may:
- Browse and consume educational content and resources available on the platform.
- Participate in community discussions and professional networking activities.
- Create and share content in accordance with our community guidelines.
- Connect and communicate with other registered members.
- Access features and tools available within your subscription tier.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable local, state, national, or international law or regulation.
- Posting or transmitting content that is unlawful, harmful, defamatory, obscene, harassing, threatening, or invasive of another's privacy.
- Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
- Uploading or distributing malware, viruses, or other harmful code.
- Attempting to gain unauthorized access to the Service, other accounts, or related systems.
- Scraping, crawling, or otherwise extracting data from the Service without our prior written consent.
- Using the Service to send unsolicited commercial communications (spam).
- Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Service.
- Reproducing, duplicating, copying, selling, or exploiting any portion of the Service without our express written permission.
- Circumventing, disabling, or otherwise interfering with security-related features of the Service.
6. User Content
6.1 Your Content
You retain ownership of any content, information, data, text, or materials you submit, post, or display on or through the Service ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with operating and improving the Service.
6.2 Content Responsibility
You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third-party rights; and (c) your User Content complies with these Terms and all applicable laws.
6.3 Content Moderation
We reserve the right, but not the obligation, to monitor, edit, or remove User Content that violates these Terms or that we deem objectionable, at our sole discretion and without notice.
7. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of CommunityConnect and its licensors. Our trademarks, service marks, logos, and trade dress may not be used in connection with any product or service without the prior written consent of CommunityConnect.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms transfers any intellectual property rights to you.
8. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by CommunityConnect. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policy of any third-party site you visit.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
CommunityConnect does not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Content provided through the Service is for informational and educational purposes only and does not constitute professional advice of any kind. Always seek the advice of qualified professionals with respect to any specific matter.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITYCONNECT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL COMMUNITYCONNECT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO COMMUNITYCONNECT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless CommunityConnect and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service; or (d) your violation of any rights of another.
12. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
You may terminate your account at any time by contacting us at jaimee@upvisionconsulting.com or through the account settings in the App. Termination of your account does not relieve you of any obligations incurred before termination.
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in [County], [State], and you hereby consent to the personal jurisdiction and venue of such courts.
14. Dispute Resolution
We encourage you to contact us first to attempt to resolve any dispute informally. If a dispute cannot be resolved informally, you and CommunityConnect agree to resolve any claim through binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Class Action Waiver: You and CommunityConnect agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Service.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
- Email: jaimee@upvisionconsulting.com
- General Contact: Contact Form
- Mailing Address: UPvision Consulting, LLC, Attn: Legal Department, 801 Ryan Avenue, Sault Ste. Marie, MI 49783