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UpperHand Terms of Service


Thank you for using UpperHand.com! These Terms of Service (“Terms”) govern your access to and use of UpperHand’s website and services (“Services”). Please read these Terms carefully and contact us if you have any questions. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using our Services you agree to be bound by these Terms.

Personal Information

Any information you provide to UpperHand is subject to our Privacy Policy, which governs our collection and use of your information. Our Privacy Policy can be found at www.upperhand.org/privacy. You understand that through the use of the Services, you consent to the collection and use of your information as set forth in the Privacy Policy. Please read and understand our Privacy Policy prior to using UpperHand Services.

License to use Our Services

UpperHand gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by UpperHand as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided to you by UpperHand, in the manner permitted by these Terms.

Service Eligibility

To use the Services, you agree that you are the “Minimum Age” or older. “Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. Our Services are not for use by anyone under the age of 13.

Third Party Material and Websites

UpperHand may contain links to third-party websites, advertisers, services or other activities that are not owned or controlled by UpperHand. Access to any third-party website, service or content from UpperHand is done at your own risk. We cannot take responsibility for any content or privacy policies of any third-party platforms. We encourage you to read the policies of any third-party you access via our Services. You hereby agree that UpperHand will assume no liability for any damages as a result of your access to any third-party website, service or content.

Content Related to the Services

All content, even content that is privately transmitted, is the sole responsibility of the person who originated such content. UpperHand may not monitor or control the content transmitted as part of our Services and we cannot take responsibility for such content, Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted or transmitted through the Services nor do we endorse any opinions expressed via the Services. You understand that by using the Services you may be exposed to content or feedback that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will UpperHand be liable in any way for any content, including but not limited to, any errors in content or any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via our Services.

Restrictions

UpperHand reserves the right to restrict your use of the Services. UpperHand reserves the right to limit, suspend or terminate your account if we believe you are in breach of these Terms.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

YOUR USE OF THE UPPERHAND SERVICE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, UPPERHAND (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS; (B) DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERUPTION OR ERROR; AND (C) PROVIES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPPERHAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITS OF LIABILITY, SO THESE DISCLAIMERS AND LIMITS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Oregon without regard to or application of its conflict of law provisions of your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Oregon and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Modifications

UpperHand reserves the right to revise or modify these Terms at any time. By continuing to use the Services, you agree to be bound by any updated Terms of Service. Please check www.upperhand.org/term-service frequently for any updates.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between UpperHand and you regarding the Services and these Terms supersede and replace any prior agreements between UpperHand and you regarding the Services.

These services are operated and provided by UpperHand (STREET ADDRESS). If you have any questions about these Terms, please contact us.

Last Updated: These Terms of Service were last updated January, 2015.