Terms and conditions

Last updated on: April 18th, 2024

Welcome to UpFlip

UpFlip LLC (“we”, “us”, or “our”) invites you to access and use our websites, including upflip.com, courses.upflip.com, and app.upflip.com (collectively, the “Websites”). By accessing any areas of our Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not agree with any part of these terms, please do not use the Websites.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the "Definitions" section that follows. These definitions shall apply equally whether the terms appear in singular or plural form.

Definitions

For these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Account means a unique account created for You to access our Website or parts of our Website.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to UpFlip LLC, located at 424 W. Bakerview Road, Ste 105-2027, Bellingham WA, 98226.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Website such as a computer, a cellphone, or a digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Website.
  • Goods refer to the online business courses and related educational materials offered for sale on the Website.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes, or other promotions offered through the Website.
  • Service refers to the online business courses and resources provided through the UpFlip Academy accessed via the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
  • Website refers to UpFlip Academy, accessible from https://app.upflip.com
  • You (also referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you should discontinue use of the Website immediately.

Your access to and use of the Website is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or the Website, and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Website.

By using the Website, you represent that you are at least 18 years of age, or the legal age of majority in your jurisdiction, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.


Access to our Sites

You are granted conditional authorization to access and use the Website strictly in accordance with these Terms and Conditions. This authorization is not a transfer of title in the Website or its contents and is subject to the following restrictions:

1: You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

2: You must not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

3: Access to certain areas of the Website may require you to provide personal information as part of a registration process. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the confidentiality of your login credentials.


Restrictions on Use

You are specifically restricted from all of the following:

  • Publishing any Website material in any media without prior written consent from the Company.
  • Selling, sublicensing, and/or otherwise commercializing any Website material.
  • Publicly performing and/or showing any Website material.
  • Using this Website in any way that is, or may be, damaging to the Website or the Company.
  • Using this Website in any way that impacts user access to this Website.
  • Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website.
  • Using this Website to engage in any advertising or marketing without the Company’s express written consent.

Failure to comply with these restrictions may result in a denial of access to the Website, and we may refer you to appropriate law enforcement agencies.


Placing Orders for Goods

When you place an order for Goods through the Website, you are making a binding offer to purchase those Goods. Your order is subject to the following terms:

  • All orders are subject to acceptance by us. We may choose not to accept orders at our discretion, even after sending an order confirmation.
  • The availability of Goods is subject to change without notice, and our acceptance of your order depends on the availability of those Goods.
  • We reserve the right to limit the quantities of Goods purchased by you. Orders exceeding inventory levels may be reduced or canceled at our discretion.
  • By placing an order, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years of age.

Your Information

If you wish to purchase Goods or access certain services on the Website, you may be asked to supply certain relevant information including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that:

  • You have the legal right to use any credit card or other payment means used to initiate any transaction.
  • The information you provide to us is true, accurate, current, and complete.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.


Order Cancellation

We reserve the right to refuse or cancel any order you place with us for various reasons including but not limited to:

  • Product or service availability
  • Errors in the description or prices for our products or services
  • Errors in your order
  • Suspected fraudulent or illegal transactions

We may attempt to contact you via the contact information provided if any issues arise with your order.


Your Order Cancellation Rights

As a consumer, you have the right to cancel an order within 30 days without giving any reason, under the condition that the goods have not been accessed, downloaded, or used in any way.

The cancellation period will expire 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of cancellation, you must inform us of your decision by a clear statement (e.g., a letter sent by post, fax, or email).

Please note that if the goods are digital content and have been accessed or used, you may not have a right to cancel and obtain a refund.


Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Prices Policy

The prices for goods and services sold through our Website are subject to change without notice. We reserve the right to modify, suspend, or discontinue the sale of any product or service at any time, with or without notice. You agree that it is your responsibility to monitor changes to our pricing.


Payments

Payment for all goods and services must be made in full at the time of purchase unless otherwise specified. We accept payment through various payment methods such as credit cards, PayPal, and other online payment systems. All payments are securely processed and your payment information is not stored on our servers.


Recurring Payments: Monthly and Annual Subscriptions

For services requiring monthly or annual subscriptions, the following terms apply:

  • Subscriptions automatically renew each month or year on the date of the initial subscription unless canceled at least 24 hours before the renewal date.
  • Subscription fees will automatically be charged at the current rate, unless otherwise notified in advance.
  • You may cancel your subscription at any time through your account settings. You are responsible for all subscription charges incurred before the effective date of the cancellation.

Installment Plans

Some products may be available for purchase through installment plans. These plans require you to make regular payments over a set period, as agreed upon at the time of purchase.

  • Failure to make a payment by the due date may result in cancellation of your access to the product or service.
  • All installment payments must be completed as agreed, even if you decide to stop using the product or service before completing all installments.

Subscriptions with a Trial Period

If your subscription includes a trial period, you will not be charged during the trial period. If you decide to continue the service after the trial period, you will be charged the subscription fee at the end of the trial period.

  • You must cancel the subscription before the end of the trial period to avoid being charged.
  • Any changes to the trial terms will be communicated to you in advance.

Promotions

Any promotions, discounts, or special offers run by the Company shall be valid only for the period stated on the Website. Promotions may be subject to additional terms and conditions, which will be made available at the time of the promotion. We reserve the right to modify, cancel, or limit any promotion or offer without prior notice.


User Accounts

When you create an account with our Website, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.


Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any allegations of copyright or other intellectual property infringement. If you believe that your copyrighted work has been reproduced on our Website in a way that constitutes copyright infringement, please notify us by providing a detailed description of the alleged infringement.


DMCA Notice and DMCA Procedure for Copyright Infringement Claims

If you believe that material or content on our Website infringes upon your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA). The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and needs to be removed, including a description of where it is located on the Website.
  • Your contact information, including address, telephone number, and, if available, email address.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property

The content on our Website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is owned by or licensed to UpFlip LLC, and is protected by copyright and other intellectual property laws. You may not use, reproduce, modify, distribute, or display any content from the Website without prior written permission from us.


Trademarks

The trademarks, logos, and service marks displayed on our Website are the registered and unregistered marks of UpFlip LLC, in the United States and other countries, and are protected by United States and international trademark laws. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.


Copyrights

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and software, is the property of UpFlip LLC or its content suppliers and protected by United States and international copyright laws.


Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to our Website provided such link does not portray UpFlip LLC or any of its services in a false, misleading, derogatory, or otherwise offensive manner.


Submissions

Any unsolicited ideas, suggestions, proposals, or other materials you submit to UpFlip LLC by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by UpFlip LLC for any purpose and in any way, without express or implied compensation to you.


Downloading Material

You may download material from our Website for your personal, non-commercial use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.


Disclaimer

The information and services on the Website are provided on an "as is" and "as available" basis without any warranties of any kind, including that the Website will operate error-free or that the Website, its servers, or the content are free of computer viruses or similar contamination or destructive features. We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.


Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination, your right to use the Website will immediately cease.


Limitation of Liability

In no event shall UpFlip LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Indemnity

You agree to defend, indemnify, and hold harmless UpFlip LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.


Dispute Resolution

Any disputes arising out of or related to these Terms and Conditions or the use of the Website shall be resolved through binding arbitration, under the rules of the American Arbitration Association. Arbitration shall take place in [Your City, State], USA. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and unappeasable.


Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


For European Union (EU) Users

If you are a consumer residing in the European Union, you have certain rights under EU law to address issues or disputes with services provided by companies operating within the EU. Please be aware that these rights do not negate the obligation to comply with the dispute resolution process described in these Terms and Conditions.


United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.


Severability

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.


Miscellaneous

These Terms and Conditions constitute the entire agreement between you and UpFlip LLC regarding your use of the Website, superseding any prior agreements between you and UpFlip LLC regarding your use of the Website. Any failure by UpFlip LLC to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.


Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.


Contact Us

If you have any questions about these Terms and Conditions, please contact us at [email protected]