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Terms of Use

CHOOSING TO USE UPLIFT MEANS YOU AGREE TO ALL OF THE TERMS OUTLINED BELOW, AND THOSE SET FORTH IN OUR PRIVACY POLICY (http://www.uplift.app/privacypolicy). IF YOU DO NOT AGREE TO COMPLY FULLY WITH ALL TERMS OUTLINED BELOW, YOU MAY NOT USE OR ACCESS UPLIFT IN ANY WAY.  


PLEASE NOTE THAT THIS TERMS OF USE CONTAINS A CLASS-ACTION WAIVER AND AN AGREEMENT TO SETTLE DISPUTES BY ARBITRATION (See the section, "Arbitration and Class-Action Waiver").


PLEASE SEE OUR PRIVACY POLICY FOR DETAILS ABOUT COOKIES AND ANALYTICS TRACKING.


OUR PRIVACY POLICY AND TERMS OF USE HAVE BEEN UPDATED.


A summary of changes made in the most recent update to our Privacy Policy and Terms of Use (5/25/18):

  • Updates to UpLift's Privacy Policy regarding access to information, handling of EU citizen data, and filing of complaints. 


Terms of Use

Welcome to UpLift! Please read these Terms of Use fully before using or accessing this site in any way. This Terms of Use is a binding contract between you and Spark Wave LLC Doing Business As UpLift, including the web app embedded as https://app.uplift.us (the "Site") or the UpLift Community Lounge (http://discuss.uplift.us). Using or accessing this site in any way, by any means (including automatic), means that you agree fully and without modification to all of the conditions included in this Terms of Use. If you have any questions about this Terms of Use, contact us at contact@uplift.us BEFORE you use the Site or agree to this Terms of Use.


By using this site, you certify that you are of legal age to form a binding contract, and legally able to enter into a binding contract. If you are using or accessing UpLift on behalf of an organization or corporation, you certify that you are authorized to enter into this binding contract on behalf of that organization or corporation. If this is the case, with the exception of this paragraph, "you" and "user" in this Terms of Use will refer to that organization. 


Our Services


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


Spark Wave LLC takes its users' privacy very seriously. To read UpLift's privacy policy, including UpLift's use of cookies and other tracking features, please click here.


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 contact@uplift.us. 


Children aged 13-17 may use UpLift only with a parent or guardian's consent. In this case, the parent or guardian must read and accept the Terms of Use on the child's behalf. 


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: 

  • You are not permitted to collect or "harvest" data from the site on a mass basis, either manually or with an automated software tool, unless you have received specific written permission to do so from Spark Wave LLC. 
  • You are not permitted to access the site by automated means unless given specific written permission to do so by Spark Wave LLC. 
  • You are not permitted to run any processes that will run or remain active while you are not logged into the Site. This includes any type of auto-responder or "spam," any process which places an unreasonable load on the Site's infrastructure, or that interferes with the proper working of the Site in any way. 
  • You are not permitted to copy or store significant portions of the Site. You are not permitted to share, post, or distribute significant portions of the Content in any way. 
  • You are not permitted to decompile, reverse engineer, or in any way attempt to obtain the source code, underlying ideas, or information related to the Site and its Content. 
  • You are not permitted to access any portion of the Site which is not intended for public access. 
  • You are not permitted to obtain or attempt to obtain any other user or users' passwords or account security information. 
  • You are not permitted to engage in any act which violates the security of any computer, network, or database, whether part of the Site or belonging to a user or users of the Site. 
  • You are not permitted to engage in any activity that prevents or inhibits another user or users from using the site in a normal manner (for example, activity which slows the site down). 




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: 

  • Any content which infringes on or violates any third-party intellectual property rights. 
  • Any material which is illegal or violates any laws, or encourages the violation of any laws. 
  • Any material which is defamatory, fraudulent, deceptive, threatening, harassing, abusive, obscene, or discriminatory, or is intended to cause physical or emotional harm to another user. 
  • Any user's, including your own, password or account security information. 
  • Anything that contains content which is a security threat to either the Site or its users (including but not limited to viruses, spyware, or malware). 
  • Advertisements or solicitations of business:
  • To publish falsehoods or misrepresentations that could damage UpLift or any third party.
  • To impersonate another person.


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 Spark Wave LLC will not be held responsible for any violation on the part of another user of the "Rules of Conduct for Posting or Sharing Content and Interacting with Other Users" or the "Rules of Conduct for Using UpLift", detailed above in these Terms of Use, nor for any harm or damage resulting from such a violation. 


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:


     Text

     Illustrations 

     Photos 

     Graphics 

     Data

     Code

     Logos

     Except as specifically allowed in this Terms of Use, you are not allowed to copy or reproduce in any way, modify, republish, or post, transmit, upload, or create derivate works of, sell or exploit in any way, or distribute in any medium (including email and electronic means), any content of the site without express written consent of the owner of the content, or in any way which infringes on or violates any person or individual's copyright or intellectual property rights. 


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


Any material that you post, share, upload, store, or otherwise provide to the Site or to the UpLift Community Lounge (http://discuss.uplift.us) is governed by our Privacy Policy


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. 


Third-Party Links


If you utilize a link within the Site to access another site (a "third-party site"), you do so at your own risk. These links are provided only for your convenience, and Spark Wave LLC does not endorse, take responsibility for, or ensure the accuracy, safety, or effectiveness of such sites, nor any products or services that may be sold or offered by them. It is your responsibility to read the Terms of Use and Privacy Policies for any third-party site you enter. 


Linking to the Site


You or any third party are welcome to place a link to UpLift on your site, provided that: 

  • No endorsement or sponsorship of any product, service, entity, or organization is implied by the placement of such a link,
  • UpLift is opened in a new, separate browser window which only displays the Site, unless a specific arrangement has been made and communicated in writing with Spark Wave LLC. 


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


You may terminate your account with Spark Wave LLC at any time. Please see our Privacy Policy for information on how your data will be handled after you terminate your account. 


Spark Wave LLC reserves the right to terminate your account for any reason, including but not limited to violation of these Terms of Use. 


If your account is terminated for any reason, by you or by Sparkwave LLC, you will continue to be bound by the Terms of Use in effect at the time of the termination of your account. 


Changes to the Terms of Use


Spark Wave LLC reserves the right to change these Terms of Use at any time. If we do so, we will notify you either by placing a notice on the Site or by sending you an email informing you of these changes. 


Continued use of UpLift after receipt of this notice constitutes acceptance of the new Terms of Use. If you do not accept the new Terms of Use, you may no longer continue to use UpLift. You will continue to be bound by the last Terms of Use that you accepted until you are notified of the new Terms of Use. 


Assignment


This agreement is specific to you, and you may not assign, delegate, or transfer these Terms of Use or your rights or obligations under them in any way, by operation of law or otherwise. Spark Wave LLC may transfer, assign, or delegate these Terms of Use and its rights and obligations without consent from you. 


Indemnification


YOU AGREE TO INDEMNIFY AND HOLD SPARKWAVE LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM ANY LIABILITY, CLAIM, LOSS, DAMAGE, COST OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY MATERIAL POSTED OR SUBMITTED BY YOU, YOUR VIOLATION OF ANY PART OF THESE TERMS OF USE, YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, OR REGULATIONS, BY YOU OR SOMEONE USING THE SITE VIA YOUR ACCOUNT. SPARKWAVE LLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO FULLY COOPERATE WITH SPARKWAVE LLC IN ASSERTING ANY AND ALL AVAILABLE DEFENSES. 


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. 


Governing Jurisdiction

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. 


THIS MEANS: 


     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


You agree that the failure of Spark Wave LLC to exercise a right or enforce an applicable provision contained in this Terms of Use does not constitute a waiver of such right or provision. 


Should any provision of this Terms of Use be found by a court of competent jurisdiction to be invalid, you agree that the court should attempt to give effect to the intentions reflected in the provision, if legally possible. 


You also agree that should one or several provisions of this Terms of Use be found invalid by a court of competent jurisdiction, such finding shall have no effect on the validity or binding nature of the remaining clauses, which shall remain in full effect. 


Scope and Duration of Agreement


You agree that this Terms of Use constitutes the full and entire agreement between you and Spark Wave LLC, and that it supersedes all other written or oral agreements, communications, or understandings of any kind between you and Spark Wave LLC or any of its directors, officers, employees, agents, affiliates, or third parties. You further agree that no modifications to this Terms of Use are valid unless specifically agreed to by Spark Wave LLC in writing. 


Provisions which, by their nature, should survive these Terms of Use and your use of UpLift, will survive termination. These include, but are not limited to: 


  • Any and all obligation you have to pay or indemnify Spark Wave LLC,
  • Any and all limitations on our liability, 
  • Any and all Terms regarding ownership or intellectual property rights,
  • Any and all Terms regarding disputes between you and Spark Wave LLC. 


YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION YOU HAVE IN RELATION TO USE OF THE SITE OR TO THIS TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED, OR BE PERMANENTLY BARRED. 


We welcome any questions you may have regarding this Terms of Use. Please contact contact@uplift.us with any questions you may have. 



Last updated 5/25/2018. 

 


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