UpLift, and all content contained within the program (the "Content"), is presented for informational purposes only. It is not intended as a substitute for medical care from a qualified medical provider. UpLift is not licensed to practice medicine in any fashion in any state. Always seek medical care from a qualified medical professional for any medical question or issue you may have. Do not neglect or delay seeking advice or treatment from a qualified medical professional because of something you have read or seen on UpLift. Your use of any information found on the Site is entirely at your own risk.
It is important that you understand that UpLift is not a healthcare provider or professional and is not a replacement for your mental healthcare provider. UpLift assumes no obligation to report to you, your family, law enforcement or others any threat to yourself or others that you may disclose when using UpLift. Furthermore, UpLift assumes no liability to you or any other party, and on your and your heirs’ and successors’ behalf you release UpLift from any liability, arising from our failure or refusal to report to you, your family, law enforcement or others any threats to yourself or others that you may disclose when using UpLift. Notwithstanding the foregoing, you hereby give permission to UpLift and any other user of UpLift (or recipient of information that you disclose on UpLift) to disclose and release to any party (e.g., law enforcement, medical professionals, actual or suspected intended victims of violence) any information that you disclose on UpLift if we or such other person believes you intend harm to yourself or others.
IF YOU HAVE AN EMERGENCY MEDICAL NEED OR FEEL THAT YOU MAY BE SUICIDAL, DO NOT USE UPLIFT. CALL 911 OR SEEK PROFESSIONAL MEDICAL CARE IMMEDIATELY.
UpLift is a self-help tool, not a treatment, therapy, or medical device. Use of UpLift does not create a medical professional/patient relationship of any kind.
Privacy on UpLift
We do not allow children below the age of 13 to use UpLift. If we discover that a child under 13 is using UpLift, we will delete the account as soon as possible. If you believe a child under 13 is using UpLift, please notify us at firstname.lastname@example.org.
Rules of Conduct for Using UpLift
When using UpLift, you may be asked to create an account. You agree to provide accurate, current, and complete information about yourself. You are responsible for updating that information if a change occurs—for example, to your contact information. You may not use another person's name or information to create an account or impersonate another person. You may not sell or share your account, or in any way transfer your account to another person. You are responsible for all use of your account, whether by you or by another person or entity. You are responsible for keeping your password and account information secure. Spark Wave LLC is not responsible for any losses or damages that occur, to you or others, due to your failure to protect your password or account information.
You agree that you are legally able to use this Site, and that using this Site does not break any laws that apply to you. If using this Site at any time violates any law that applies to you, you may not use this Site.
In addition, these restrictions apply to all use of the Site:
Rules of Conduct for Posting or Sharing Content and Interacting with Other Users
By posting or sharing content or interacting with other users within UpLift or the UpLift Community Lounge, you agree that you will not post, share, or communicate:
Interactions with Other Users
You agree that all users' conduct on the Site or the UpLift Community Lounge, including any postings or communications with other users, are entirely their own responsibility, and Spark Wave LLC is in no way responsible for the actions of the users of the Site, or any harm or damage caused by these actions.
You agree that, in the event of a dispute between you and another user or users, Spark Wave LLC is under no obligation to become involved, nor is any employee or officer of Spark Wave LLC. You agree that Spark Wave LLC is in no way liable for any damages or harm arising from such disputes.
Using the Site Outside of the US
Unless otherwise clearly specified, the material in UpLift is intended for use solely in the United States. Spark Wave LLC does not warrant that the Site or any of its content is legal or appropriate for use in other locations. If you access the Site from a location outside of the US, you agree that you are responsible for complying with any applicable local laws, and that you will not use the Site in any manner which violates local laws or regulations.
Site Content Rights
All content on the Site, including but not limited to the following, is under copyright:
You are, however, allowed to download or print a single copy of individual, publicly accessible Site pages, for personal, non-commercial use, provided you keep any copyright or intellectual property notices intact.
Site Posting Rights
When you post, share, upload, store, or otherwise provide content or material to the Site, you are giving Spark Wave LLC a perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use and reproduce this content, in any form or media, and via any technology, whether it now exists or is created in the future. Further, you give Spark Wave LLC the right to translate this content and modify it for technical purposes, such as to allow it to display across platforms or meet the technical requirements of networks or media, and to otherwise act in reference to the content or material such as is necessary to include the content or material on the Site.
When you post or share material to the Site, you warrant that you have the right to do so, and that posting or sharing the material does not violate any copyright or intellectual property laws.
If You Find Copyright Infringement on the Site
Spark Wave LLC takes copyright infringement very seriously. Spark Wave LLC reserves the right to remove user-posted material if it infringes on someone's copyright, and to terminate infringing users' accounts at our discretion. If you believe an element of the Site's content, either user-posted or an element of UpLift, has infringed upon your copyright, please notify Spark Wave LLC immediately at Aislinn@UpLift.us, and include:
A description of the allegedly infringing content, including its location within the Site,
A statement by you that the use on the Site is not allowed by copyright and intellectual property law,
A statement by you, under penalty of perjury, that you are the copyright owner, or authorized to represent the copyright owner,
Your electronic or physical signature.
Linking to the Site
You or any third party are welcome to place a link to UpLift on your site, provided that:
You or any third party is not permitted to use any trademarks, service marks, logos, or copyrighted materials on your site, unless given specific written permission to do so from Spark Wave LLC.
Permission to link to UpLift may be revoked at any time. You agree, upon request from Spark Wave LLC, to remove the link as soon as possible.
Consent to Electronic Communication
Visiting the Site and sending emails to or receiving emails from Spark Wave LLC constitutes electronic communication. You agree to receive electronic communications from Spark Wave LLC, and agree that all agreements, notices, disclosures, terms and conditions, and other communications that we provide you electronically satisfies any legal requirement that such communication be in writing. You also agree that these electronic communications have equal legal effect as communications printed on paper.
Changes to Content
Spark Wave LLC reserves the right to temporarily or permanently change, suspend, or discontinue the site at any time without notice. You agree that Spark Wave LLC will not be liable to you or any third party for such changes, suspension, or discontinuance, or for any damages directly or indirectly caused by such changes, suspension, or discontinuance.
Termination of Account
Choice of Law
This agreement between you and Spark Wave LLC, and the relationship between you and Spark Wave LLC, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law.
Arbitration and Class-Action Waiver
Any dispute arising from or relating to the subject matter of these Terms shall be settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by a commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
EXCLUSIONS: Any claim or claims filed by you or Spark Wave LLC in small claims court are not subject to arbitration.
CLASS ACTION WAIVER: Any dispute resolution proceedings, in arbitration or in court, will be conducted only on an individual basis and not in a class or representative action, or as a named or unnamed member in a class, representative, consolidated, or private attorney general legal action, unless both you and Spark Wave LLC specifically agree to do so in writing, following the initiation of arbitration.
JURY TRIAL WAIVER: You hereby waive the right to trial by jury on any law suit, proceedings, counterclaim, or other litigation based upon your use of the Site or arising out of this agreement.
Any dispute not subject to arbitration and not brought in small claims court shall be litigated by either party only in a court of competent jurisdiction in the US District Court for the Southern District of New York or, if this court would not have jurisdiction over the matter, in a New York State Court sitting in the Borough of Manhattan, City of New York. You agree to submit to the exclusive jurisdiction of these courts, and not to plead that such action has been brought in an inconvenient forum.
Disclaimer of Warranties
THIS SITE AND ITS CONTENT AND ANY SERVICES PROVIDED ARE ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED.
WE DO NOT GUARANTEE THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION.
WE DO NOT GUARANTEE THAT THE SITE WILL PROVIDE ANY RESULTS OR MEET ANY REQUIREMENTS.
WE DO NOT GUARANTEE THAT THE INFORMTION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE.
WE DO NOT GUARANTEE THAT THE SITE, INFORMATION TRANSMITTED TO OR FROM IT, OR INFORMATION STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS.
WE DO NOT GUARANTEE THAT ANY INFORMATION STORED ON THIS SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED.
WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS, NOR DO WE GUARANTEE THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND TO CANCEL YOUR ACCOUNT.
IN NO EVENT AND UNDER NO LEGAL THEORY (TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) WILL SPARKWAVE LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE OR HARM INCURRED THROUGH USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, STOPPAGE OF WORK, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE KNEW, SHOULD HAVE KNOWN, OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT NEGATING OR LIMITING THE AFOREGOING, YOU AGREE THAT THE LIABILITY OF SPARKWAVE LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THIS SITE WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES, IF ANY, YOU HAVE PAID TO SPARKWAVE LLC FOR USE OF THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF SPARKWAVE LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY THE LAW OF THE STATE IN QUESTION.
No Waiver and Severability
Scope and Duration of Agreement
Last updated 5/25/2018.