Terms of Service

UpThink services and the UpThink website (upthink.business or the "Site") are operated by Athena Taj and collectively known as UpThink ("UpThink") and also referred to herein as "we," "us," or "our." PLEASE NOTE THAT YOUR USE OF UPTHINK IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE UPTHINK OR ANY INFORMATION OR MATERIALS CONTAINED ON OUR SITE. YOUR USE OF UPTHINK SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET BELOW. THE TERMS MAY BE UPDATED BY UPTHINK FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF UPTHINK INDICATES YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using UpThink:

Individuals attempting any of these actions are subject to prosecution.

Purchase of Items

We do not sell items to persons under the age of eighteen (18). By using UpThink you agree and affirm that you 18 years of age or older. If you do not agree you must not use UpThink.

Security and Confidentiality

We take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of data, including electronic, and managerial procedures. However, we cannot guarantee the security of such information if the exchanges include networks, servers, hardware, or software that are not owned by us. To help minimize any risk, we employ Secure Sockets Layer (SSL) software to encrypt transaction-related information when conducting purchase transactions or those involving personal data.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available by UpThink by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on UpThink by anyone other than our authorized employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

Links

UpThink may contain links to other websites or resources. You acknowledge and agree that we not responsible or liable for (1) the availability or accuracy of such websites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on UpThink does not imply that we endorse the linked site.

Protection of Content Provided by UpThink and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on our Site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and our affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. The Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by us, our affiliates, or third parties. "UpThink" is a trademark of UpThink. Unless authorized in writing by an officer of UpThink, our trademarks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, re-post, exploit for any commercial purpose, or otherwise use any of the content in any way for any public or commercial purpose without prior written consent of us and our rights holder. You may not use the Content on any other website or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the content will automatically terminate, you must immediately destroy any copies you have made of the content, and we may end your authorization to use our services. Nothing contained on our Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") ours, our affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in UpThink are expressly reserved to us, our affiliates, and/or any third party, as applicable.

Notices

We may provide any necessary notices by posting them on our Site. You authorize us to send notices via electronic mail as well if we decide, in our sole discretion, to do so. You agree to check our Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on our Site.

Disclaimer of Warranties

ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF UPTHINK INFORMATION. WE DO NOT WARRANT THAT YOUR USE OF UPTHINK OR THE OPERATION OR FUNCTION OF UPTHINK ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT OUR SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF UPTHINK IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF UPTHINK. UPTHINK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF UPTHINK. UPTHINK CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL UPTHINK AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH UPTHINK, THE USE OR PERFORMANCE OF OUR  SITE OR SERVICE, THE DELAY OR INABILITY TO USE OUR SITE OR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH UPTHINK, OR OTHERWISE ARISING OUT OF THE USE OF UPTHINK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UPTHINK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF UPTHINK OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING UPTHINK. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS UPTHINK'S LIABILITY OR YOUR REMEDIES.

Acknowledgement and Release of Liability

You agree to abide by these Terms of Services of UpThink. Moreover, you agree to hold UpThink and Athena Taj free and harmless from any claims, demands, or suits for damages from any injury or complications whatsoever, save negligence, that may result from your use of UpThink.

Limitation of Rights

You agree not to disparage, harass, threaten, sue, or otherwise bring claim against UpThink, Athena Taj, or any UpThink officers, owners, employers, agents, subsidiaries, affiliates, licensors and other partners or service providers for any cause, either direct or indirect, foreseen or unforeseen, related in any manner to UpThink.

Indemnification

You agree to indemnify and otherwise hold harmless us, our officers, owners, employers, agents, subsidiaries, affiliates, licensors and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorney fees, arising out of, relating to, or resulting from UpThink.

Payment

You agree to pay for all products and services purchased through your account on UpThink.

Refund Policy

All sales are final with no refunds available after 30 days from the purchase date. If you have any questions, please contact prior to conducting any transaction or making a purchase.

Termination of your UpThink Account

We may terminate your UpThink account with or without cause at any time effective immediately.

Force Majeure

We shall be excused from performance under this Terms of Service if we are prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

Survival

The following provisions shall survive any termination of these Terms: Security and Confidentiality, Disclaimer of Warranties, Limitation of Liability, Limitation of Rights, Indemnification and General Provisions.

General Provisions

You agree that UpThink and its licensors may make improvements and/or changes in the content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access UpThink may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of us to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The Terms of Service, along with our Privacy Policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of us. Any attempt by you to assign, transfer, or delegate these Terms of Service without our express written permission shall be null and void. These Terms of Service will inure to our benefit, successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Diego county, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of UpThink.