Privacy policy

Effective Date: November 20, 2025

This Privacy Policy explains how The Up and Up (“we,” “us,” or “our”) collects, uses, shares, and protects information when you visit or interact with https://www.upandupstrategies.com/ and all related domains (the “Site”), join The Up and Up Community, subscribe to receive content, participate in a Reality Check or a Listening Session, take part in The Up and Up Ambassador program, or otherwise provide information to us (collectively the “Programs” and together with the Site, the “Services”).

By using or engaging with our Services, you agree to the practices described in this Privacy Policy.

Who This Policy Covers and Age Limits

Our Site and Programs are intended for individuals age 13and over. We will endeavor to obtain parental or guardian consent from participants under age 18 when practical.

What We Collect

We collect information directly from you, automatically when you use the Site, and from your voluntary participation in our Programs. The types of information we collect may include:

Contact information, such as name, email address, phone number, city of residence, and organization, educational institution, or affiliation.
Responses to survey questions, including opinions, feedback, and open-ended responses provided through the Site, community activities, Reality Checks, Listening Sessions, and the Ambassador program.
Demographic information, such as age range, location, and other demographic details you choose to share.
Automatically collected information, such as IP address, device identifiers, browser type, operating system, referring URLs, pages viewed, links clicked, general location (based on IP), and other usage details collected through cookies, pixels, analytics tools, and similar technologies.

You may also voluntarily provide other information, such as when you complete forms, submit questions, register for events, participate in interviews or small-group sessions, or otherwise communicate with us.

Our Programs

The Up and Up Community and subscriptions: If you join our community or subscribe to receive more content, we collect your contact information and any preferences you set, as well as engagement data (for example, when you open emails or click links).
Reality Checks and Listening Sessions: If you participate in a Reality Check or Listening Session, we may collect your responses to questions, qualitative feedback, demographic information you choose to share, and scheduling information. Sessions may involve notes or summaries; if audio or video is recorded, we will disclose that at the time of participation.
The Up and Up Ambassador Program: If you join our Ambassador Program, we collect contact information, program-related preferences and activities, and any content you contribute. We may also collect limited payment or tax information if stipends or incentives are offered and you choose to receive them.

How We Use Information

We use the personal information we collect to:

Provide, operate, and improve the Site, our community, Programs, and other services.
Communicate with you, including sending updates, newsletters, invitations, and relevant content you request or that may interest you.
To allow you to participate in interactive features on our Site;
To perform analytics to learn about the behavior of our users;
Conduct research, analytics, surveys, Reality Checks, and Listening Sessions to develop insights and inform strategy, programming, and related offerings.
Personalize your experience and understand how users interact with our content and programs.
Administer and grow The Up and Up Ambassador program and other initiatives.
Maintain the security and integrity of our systems, prevent fraud, and comply with legal obligations.

We may use your direct quotes or other insights gathered from Reality Checks or Listening Sessions, associated with your first name, age, and city or state of residence in our newsletters or other publications, including television, radio, podcast, or other media outlet.

Anonymized and Aggregated Data

We may create and use anonymized and/or aggregated information for research, reporting, and analytics. This information does not identify you personally. We may share or sell anonymized and/or aggregated data to partners, clients, researchers, or other third parties for research, analytics, or similar purposes. We do not use anonymization to circumvent privacy commitments, and we take steps designed to prevent re-identification.

How We Share Information

We may share personal information as follows:

With service providers and vendors who help us operate the Site, send communications, conduct surveys and analytics, host events or sessions, process forms, and support our programs, subject to appropriate confidentiality and data protection terms.
With research and Program partners who collaborate with us on Reality Checks, Listening Sessions, community engagements, or Ambassador program activities, for the limited purposes described at the point of collection.
For legal, safety, and compliance purposes when we believe in good faith that disclosure is necessary to comply with law, regulation, or legal process.
To protect the rights, safety, or property of The Up and Up, our users, or others.
To detect, prevent, or address fraud, security, or technical issues.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding, in which personal information held by us about our users is among the assets transferred.
To enforce any agreement, including any applicable terms of service; to establish or exercise our rights or defend against legal claims.

We do not sell your personal information. However, all of data collected through our Programs, including quotes, transcripts, insights, video and audio recordings, and limited demographic information may be shared with our partners.

Cookies and Tracking Technologies

We use cookies, pixels, local storage, and similar technologies to recognize your device, learn about your interactions with the Site and our emails, and improve our content and services. Cookies may be set by us or by third-party providers that help us with analytics and performance.

You can manage cookies through your browser settings, which may allow you to block or delete cookies. Note that some Site features may not function properly without certain cookies. You can also opt out of certain third-party analytics by following the instructions provided by those providers.

“Do Not Track” Requests

Our Site currently does not respond to “do not track” or similar signals.

Your Choices

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following controls:

Review, Correct, or Request Deletion of Your Information

You may review and edit or request that we delete the information we collected about you at any time by contacting us at the addresses listed at the end of this Privacy Policy. We will respond in accordance with applicable laws. If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.

Tracking Technologies and Advertising. Most browsers accept cookies automatically. You may be able to set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. For instructions, check your browser’s technical information. If you disable or refuse cookies, some parts of the Site may be inaccessible or may not function properly. You can still place orders over the telephone or by contacting customer service. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out.

Communications. If you do not wish to receive communications from us, you can opt out by clicking the unsubscribe link in the email. This opt-out does not apply to information provided to us as a result of Program participation or other transactions.

Google Analytics. We may use Google Analytics to improve our Site’s functions. You can choose not to be included in Google Analytics by visiting tools.google.com/dlpage/gaoptout.

Data Retention

We retain personal information for as long as needed to deliver the Site and our Programs, to fulfill the purposes described in this Policy, and to meet legal, accounting, or reporting requirements. We may retain anonymized and/or aggregated data for research and analytics.

Security

We use reasonable administrative, technical, and physical safeguards designed to protect personal information. However, no method of transmission over the internet or method of storage is completely secure, and we cannot guarantee absolute security.

International Users

If you access the Site or participate in Programs from outside the country in which our systems are located, your information may be processed in countries that may have different data protection laws than your home jurisdiction. We take steps designed to ensure an appropriate level of protection for your information in accordance with this Policy.

Third-Party Websites and Social Media

The Site may link to third-party websites, platforms, or services. We are not responsible for the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party sites or services you use.

Our Site may include social media features, such as Meta “Like” or “Recommend” buttons, Instagram, X, and YouTube. These social media features may require cookies to be set to function properly and may collect Personal Information such as your IP address. These features are governed by the privacy policy of the social media platform. Please review the privacy policies of the social media platforms to learn how they protect your information.

California Visitors

California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Site who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@theupandup.us.

Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Effective Date” above and post the updated version on the Site. Your continued use of the Site after an update means you accept the revised Policy.

How to Contact Us

If you have questions about this Privacy Policy or our data practices, or if you wish to exercise any privacy rights available to you, please contact us at:

The Up and Up
hello@theupandup.us

Terms of Use

Effective Date: November 20, 2025

These Terms of Use (“Terms”) govern your access to and use of https://www.upandupstrategies.com/ (the “Site”) and any content, features, programs, or services offered by The Up and Up (“The Up and Up,” “we,” “us,” or “our”), including The Up and Up Community, Reality Check sessions, Listening Sessions, and the Ambassador program (collectively, the “Programs” and together with the Site, the “Services”). By accessing or using the Site or participating in any Program, you agree to these Terms. If you do not agree, do not use the Site or the Programs.

These Terms form a legally binding agreement between you and The Up and Up and apply to all visitors, users, and Program participants. By using the Services, you represent and warrant that you are of legal age to form a binding contract with The Up and Up. Your use of the Site and participation in the Programs is also subject to our Privacy Policy, which explains how we collect, use, and share information.

These Terms contain a mandatory individual arbitration agreement and class action/jury trial waiver provision that require, with only limited and specified exceptions, the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class actions or proceedings.

1. Changes to the Services or These Terms

We may update the Site, the Programs, and these Terms from time to time. We will post the updated Terms on this page with a new Effective Date. Your continued use of the Site or participation in the Programs after changes take effect means you accept the updated Terms.

2. Accounts and Registration

Account Registration. To use certain features of the Services, you will need to register for an account (an “Account”). By registering for an Account, you (“Registered User”) agree to provide accurate, current, and complete Account information, and to maintain and promptly update your Account information as necessary. By creating an Account, you represent and warrant that you have all requisite capacity, power, and authority to enter into, and perform your obligations under, these Terms.
Account Security. You are responsible for the security of your Account. You accept all risks of unauthorized access to your Account and the information you provide. You agree to immediately notify us if you discover or suspect any breaches of security related to your Account or the Services, including unauthorized use of your password.
Additional Information. We may require you to provide additional information and documents at the request of a competent authority or in order to help us comply with applicable law, regulation, or policy.
Termination or Suspension. We may suspend or terminate your account or access if we believe you violated these Terms or applicable law.

3. Communications

By using our Services, you consent to receive electronic communications from us (e.g., via email, SMS, or by posting notices to the Services). These communications may include notices of transactional information and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email including, but not limited to, newsletters, special offers, surveys, customer service, and marketing messages, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe or opt out instructions provided therein or by contacting us using the contact information below.

4. Limited License

You are granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to these Terms and does not include any right to (i) sell, resell, or use the Services commercially; (ii) distribute, publicly perform, or publicly display any content with properly citing the author and source; (iii) modify or make derivative works of the Services, or any portion thereof; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Services, except as expressly permitted by us; or (vi) use the Services other than for their intended purposes. This license is conditioned on your compliance with these Terms.

5. The Up and Up Community; User Interactions

The Services may offer community features, including discussion forums, comment sections, messaging tools, or other interactive spaces (collectively, the “Community”). You are responsible for your interactions with others and for any content you share. We do not routinely monitor Community content but may moderate, remove, or restrict content or access at our discretion. Be respectful, truthful, and constructive. Do not harass, bully, threaten, or discriminate against others. Do not share private or confidential information about others without permission.

6. User-Generated Content and License You Grant

You may be able to share content on or through the Services (“User Content”). If you choose to make User Content available on or through the Services, you hereby grant us a fully paid, royalty-free, worldwide, nonexclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display such User Content (in whole or in part) for the purposes of (i) providing the Services, including making User Content available to other Registered Users; and (ii) improving the Services. You also grant each Registered User a nonexclusive license to access your User Content through the Services and to use, reproduce, distribute, display, and perform such User Content solely as permitted through the functionality of the Services and under these Terms.

You are solely responsible for any User Content you provide. You represent and warrant that you have all rights, licenses, consents, permissions, power, and authority necessary to grant the rights herein for any User Content that you submit, post, or display on or through the Services. You agree that such User Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post the material and to grant the licenses described above. We take no responsibility for User Content posted via the Services, although we reserve the right to remove any User Content that violates these Terms.

7. Program Participation Rules

If you participate in Reality Check sessions, Listening Sessions, the Ambassador program, or other Programs, the following rules apply:

Participation Conduct. Be respectful, honest, and constructive. Do not engage in harassment, hate speech, or illegal activity. Do not share content that is false, misleading, defamatory, obscene, pornographic, or otherwise unlawful. Do not disrupt a session or interfere with others’ participation.
Confidentiality and Sensitivity. Programs may involve sensitive, personal, or proprietary information. Respect the confidentiality of other participants. Do not record, photograph, or transmit any portion of a session unless expressly permitted by The Up and Up and all participants as applicable.
Session Materials and Recordings. We may take notes or create summaries from Programs. If we intend to make audio or video recordings, we will disclose that at or before the session and, where required, obtain consent. You agree that any authorized recordings or materials created by The Up and Up are our property and may be used in accordance with these Terms and our Privacy Policy.
Incentives and Ambassador Program. If incentives, stipends, or other benefits are offered, eligibility and fulfillment may require additional information and compliance with applicable rules. We may modify or discontinue incentives or the Ambassador program at any time.
Health, Safety, and Inclusion. We strive to create an inclusive and safe environment. We may remove or exclude any participant who violates these Terms or Program guidelines, or whose conduct disrupts or undermines the Program.

8. Acceptable Use

Subject to your compliance with these Terms, you may access and use our Services. You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services, or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion. In addition, you agree not to and will not assist another to:

reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
link to, mirror, or frame any portion of the Services without our prior express written permission;
scrape, index, survey, or data mine any portion of the Services;
remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof;
use the Services (including, without limitation, by uploading to the Services, storing on the Services, using the Services to generate, using information or data generated through the Services, or otherwise providing us with access to any information, data, image, or other content) in any manner or for any purpose that: (i) infringes, violates, or promotes the infringement or violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person or entity, including intellectual property rights, rights of privacy, or rights of personality; (ii) is fraudulent, false, deceptive, or defamatory, including phishing; (iii) promotes hatred, violence, or harm against any individual or group; or (iv) otherwise may be harmful, obscene, or objectionable to The Up and Up, its users, or others;
overload, flood, spam, or mail-bomb the Services or otherwise use the Services in a manner that interferes with or creates an undue burden on the Services, including by using the Services to send unsolicited communications, promotions, advertisements, or spam;
use or display the Services in competition with us, to develop competing services, for benchmarking or competitive analysis of The Up and Up or the Services, or otherwise to The Up and Up’s detriment or disadvantage;
attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services;
use or attempt to use a log-in credential other than your own, share passwords or authentication credentials for the Services, or otherwise circumvent the measures we may use to prevent or restrict access to the Services or to enforce limitations on use of the Services; or
identify or refer to The Up and Up or the Services in a manner that could reasonably imply an endorsement by us, or a relationship or affiliation between you or a third party and us, other than your permitted use of the Services these Terms, without our express written consent.

We may monitor, investigate, and take any action we deem appropriate to enforce these Terms, including removing content, suspending or terminating access, and cooperating with law enforcement.

9. Our Content and Intellectual Property

All content made available through the services offered by The Up and Up, including without limitation any published works, the design, text, graphics, logos, icons, images, audio and video materials, software, data compilations, interfaces, look and feel, and the selection, coordination, and arrangement thereof (collectively, “The Up and Up Content”), is the exclusive property of The Up and Up or its licensors and may be protected by copyright, trademark, trade dress, patent, and other intellectual property and proprietary rights under applicable laws and international treaties. No title or ownership in or to The Up and Up Content is transferred to you by access to or use of the services.

Subject to your compliance with applicable terms, The Up and Up grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and view The Up and Up Content solely for your personal, internal, and non-commercial use. Except as expressly permitted in a separate written agreement with The Up and Up, you may not copy, reproduce, distribute, publicly display, publicly perform, publish, download, store, transmit, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise exploit any portion of The Up and Up Content, in whole or in part, by any means now known or later developed. For the avoidance of doubt, for any commercial use of The Up and Up Content, prior written consent must be obtained from The Up and Up. Any unauthorized use of The Up and Up Content may violate intellectual property laws and other applicable regulations and is strictly prohibited.

All names, logos, product and service names, designs, trade names, and slogans of The Up and Up are trademarks, service marks, or trade dress owned by The Up and Up or its licensors (collectively, the “The Up and Up Marks”). You may not use, display, reproduce, or distribute any of The Up and Up Marks in any manner, including in metatags or hidden text, without the prior written permission of The Up and Up. Nothing in these terms or in your use of the services confers any license or right to use The Up and Up Marks, whether by implication, estoppel, or otherwise. All other names, logos, product and service names, designs, and slogans appearing on the services are the property of their respective owners and may be used only with permission of those owners.

The Up and Up reserves all rights not expressly granted herein. Any rights or permissions to use The Up and Up Content or The Up and Up Marks for purposes beyond those expressly allowed by these terms, including any commercial or promotional use, must be requested in writing and approved in advance by The Up and Up. Failure to obtain such prior written consent may result in legal action, including injunctive relief, damages, and recovery of costs and fees to the maximum extent permitted by law.

10. Feedback

If you provide feedback, ideas, or suggestions to us (“Feedback”), you agree that we may use and exploit the Feedback without restriction or compensation to you.

11. Third-Party Links and Services

The Services may link to or integrate with third-party websites, tools, or services. We are not responsible for third-party content, products, services, or practices, and linking or integration does not imply endorsement. Your use of third-party sites and services is governed by their terms and policies.

12. DMCA Copyright Policy

We respect intellectual property rights. If you believe that content on the Services infringes your copyright, please send a notice to our designated agent containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material and its location on the Services; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner. We may remove or disable access to allegedly infringing material and terminate repeat infringers.

The Up and Up
c/o Nixon Peabody LLP
53 State St, Boston, MA 02109
hello@theupandup.us

13. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Up and Up from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services; (b) any Feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; or (f) the processing or other use of User Content infringes or misappropriates another party’s intellectual property rights. You agree to promptly notify The Up and Up of any third-party Claims and cooperate with The Up and Up in defending such Claims. You further agree that The Up and Up shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE UP AND UP.

14. Disclaimers

EXCEPT FOR THE LIMITED WARRANTY SET OUT ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND THE UP AND UP SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRIGNEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, INCLUDING ANY LOSS OF ACCESS TO USER’S POS SYSTEM, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING USER DATA) EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. Termination and Suspension

We may suspend or terminate your access to the Site or Programs at any time, with or without notice, if we believe you have violated these Terms, applicable law, or our policies, or for any other reason or no reason. Upon termination, the rights and licenses granted to you will end. Sections that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, indemnity, dispute resolution, and governing law provisions.

You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Services. If you use the Services after cancelling your Account, you will be deemed to have agreed to the Services.

17. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE UP AND UP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Arbitration
These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms and the Services (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of New York without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in New York, New York County. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert or an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court in New York may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of Loaded to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within New York, New York County. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used our Service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You and we agree that the Arbitrator may award relief only to any individual claimant and only to the extent necessary to provide relief on individual claim(s). Any relief awarded may not affect other users. You and we agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

18. Governing Law and Venue

The governing law and venue for any disputes will be specified here. New York law will govern these Terms and any disputes, without regard to conflict of laws principles. The exclusive venue for any permitted court proceedings will be New York, New York County.

19. International Use

We operate the Services from the United States and make no representation that the Services or Programs are appropriate or available for use in other locations. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

21. Waiver; Severability

No waiver of any term will be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

22. Entire Agreement

These Terms, together with any policies or guidelines posted on the Services (including our Privacy Policy), constitute the entire agreement between you and The Up and Up regarding the Services and the Programs and supersede any prior or contemporaneous understandings on the subject matter.

23. Contact Us

If you have questions about these Terms or the Site or Programs, contact us at: