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Terms of Service

Last updated: 2020-12-20 20:43:55

Please read this Terms of Service ("Terms", "Terms of Service") carefully before using the UpgradeWebDesign.com Website (the "Website") operated by Upgrade Web Design, LLC, a(n) Limited Liability Company formed in Michigan, United States ("us", "we", "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Your access to and use of this Website and Upgradewebdesign.com Services and offerings is conditional upon your acceptance of and compliance with these Terms set forth in the Terms of Service (“TOS”) and including but not limited to our Acceptable Use Policy (“AUP”), Master Services Agreement (“MSA”) , Privacy Policy, Cookies Policy, Website Services Agreement (WSA), Hosting Services Agreement (“HSA”), and if a Services plan has ecommerce included (if applicable and available at time of purchase), our Ecommerce Services Agreement (“ESA”) and our Monthly Payment Terms & Conditions, the following terms and conditions shall apply to all purchases of Upgrade Web Design’s Website Design and Development Services (“Website Services” “Services” or “Website” as further defined in our Service Agreements). If you do not agree with all applicable Agreements do not purchase any products or services now or in the future.

For your convenience, URL hyperlinks for all Terms and Conditions, including all policies and Agreements, may be found by clicking the "View All Terms & Conditions" button located at the top of every policy and Agreement website page.

Our offers and pricing

We offer services on this Website. The price of these services can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: MasterCard and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only with 30 days advance notice by submitting a cancellation on UpgradeWebDesign.com user account dashboard and speaking with a Customer Service representative of Upgrade Web Design, LLC, whereby this termination request may be recorded, and the Services will terminate as of the end of the applicable billing period. Subscriptions cannot be cancelled via voicemail. You are responsible for all fees incurred up to and including the date of termination and upon termination you may receive a final bill reflecting the balance due for any remaining charges and agree to pay all such fees incurred by you and/or via your utilization of the Services. You may cancel your order by contacting us. If you cancel your purchase, you will be charged a cancellation fee of $250.00 or twice the amount of the monthly fee of the service your purchased, whichever is greater. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.

We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on some of the purchases made of the services offered on our Website. To qualify for a refund, the purchase details must clearly state refund terms. If no refund terms exist on the product or service offering details found on the Website, a refund is not allowed. Furthermore, you must submit your request to us within 14 days of your purchase date by contacting our customer support at support@upgradewebdesign.com.

We offer refunds on some of the purchases made of the services offered on our Website within 14 days of purchase and within reason and if no requests have been made for changes to the "Draft Version" of your project. Refunds are ONLY applicable if noted in the service or product details of the individual or packaged product or service page.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.

We will not be able to issue you a refund of the advance payment that you made if we cancel.

Deposits

We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.

We will not be able to issue you a refund of the deposit that you made if we cancel your purchase.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year or 1 month, depending on which plan or service the user chooses.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: 1- WEBSITE SERVICES PLAN (REFERRED TO AS AN "EXPRESS PLAN" ON OUR WEBSITE.).

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH YEAR OR EACH MONTH, DEPENDING ON WHICH PLAN OR SERVICE THE USER CHOOSES UNTIL SERVICES ARE CANCELED IN ACCORDANCE WITH THIS AND THE SUPPLEMENTAL AGREEMENTS AND POLICIES. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA EMAIL BY CONTACTING US AT SUPPORT@UPGRADEWEBDESIGN.COM. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH THIRTY (30) DAYS NOTICE PRIOR TO THE AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the 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.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.Upgradewebdesign.com/myaccount to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under 18, you may use the Upgrade Web Design Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Upgrade Web Design website dashboard.

Upgrade Web Design reserves the right to refuse service, terminate accounts, terminate your rights to use Upgrade Web Design Services, remove or edit content, or cancel orders in its sole discretion.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Upgrade Web Design, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

Content that harrasses others;
Content that is discriminatory or offensive;
Swearing, name calling and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Upgrade Web Design, LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE UPGRADE WEB DESIGN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UPGRADE WEB DESIGN SERVICES ARE PROVIDED BY UPGRADE WEB DESIGN ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. UPGRADE WEB DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UPGRADE WEB DESIGN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UPGRADE WEB DESIGN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UPGRADE WEB DESIGN SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, UPGRADE WEB DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UPGRADE WEB DESIGN DOES NOT WARRANT THAT THE UPGRADE WEB DESIGN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UPGRADE WEB DESIGN SERVICES, UPGRADE WEB DESIGN'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM UPGRADE WEB DESIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL UPGRADE WEB DESIGN, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF UPGRADE WEB DESIGN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF UPGRADE WEB DESIGN, LLC.

TO THE FULL EXTENT PERMISSIBLE BY LAW, UPGRADE WEB DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY UPGRADE WEB DESIGN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY UPGRADE WEB DESIGN SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF UPGRADE WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPGRADE WEB DESIGN’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THIS SITE SHALL NOT EXCEED FIVE HUNDRED DOLLARS (US$500).

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2020 Upgrade Web Design, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Upgrade Web Design, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Upgrade Web Design, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Copyright Infringement Office at support@upgradewebdesign.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Upgrade Web Design, LLC
Copyright Infringement Office
support@upgradewebdesign.com
‪(833) 268-8835‬
11426 Davis St
PO Box #720
Grand Blanc, MI, 48480
UNITED STATES

See our Acceptable Use Policy ("AUP")

Governing law, severability, dispute resolution and venue

By using any Upgrade Web Design Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Upgrade Web Design. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Any dispute or claim relating in any way to your use of any Upgrade Web Design Service, or to any products sold or distributed by Upgrade Web Design or through UpgradeWebDesign.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Upgrade Web Design, LLC, 11426 Davis St #720, Grand Blanc, MI, 48480. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Upgrade Web Design will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

YOU AND UPGRADE WEB DESIGN, LLC 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 CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

Please review our other policies posted on this site. These policies also govern your use of Upgrade Web Design Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions

If you have any questions about our Terms of Service, please contact us at support@upgradewebdesign.com.

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Signed by Braden Simpson
Signed On: June 24, 2022

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December 12, 2020 10:30 pm EDT

December 18, 2020 4:29 pm EDT