Terms and Conditions

This website (the “Site”) is owned and operated by Uptick360 LLC (“we” or “us”). By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Uptick360 LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.

We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on the Site. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Uptick360 LLC. Neither Uptick360 LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Uptick360 LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Uptick360 LLC representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY Uptick360 LLC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree to indemnify and hold harmless Uptick360 LLC and its owners, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your violation of these Terms and Conditions or your misuse of the Site.

Online Commerce and Communications

If you purchase services from Uptick360 LLC through the Site, you agree to provide current, complete, and accurate information. You are responsible for all purchases made by you or on your behalf through the Site.

By submitting any contact form on the Site, scheduling a consultation, or otherwise providing your contact information, you consent to receive communications from Uptick360 LLC by email, telephone, and SMS text message regarding our services.

Message and data rates may apply. Message frequency may vary. Reply STOP to opt out of SMS communications at any time. Reply HELP for assistance.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties except aggregators and providers of text messaging services necessary to deliver such communications.

Limitation of Liability

To the fullest extent permitted by applicable law, Uptick360 LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Site, its content, or any services provided through the Site.

While we strive to provide accurate and up-to-date information, we make no warranties regarding the completeness, accuracy, reliability, or availability of the Site or its content.

If you are dissatisfied with the Site or these Terms and Conditions, your sole remedy is to discontinue use of the Site.

Nothing in these Terms and Conditions shall exclude or limit any liability that cannot be excluded or limited under applicable law.

Termination

Uptick360 LLC reserves the right to terminate or restrict your access to the Site, in whole or in part, at any time and without notice, for any reason, including violation of these Terms and Conditions.

Upon termination, your right to use the Site will immediately cease. Any provisions of these Terms and Conditions that by their nature should survive termination, including intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and governing law provisions, shall remain in full force and effect.

Refund Policy

Unless otherwise stated in a separate written agreement, all fees paid to Uptick360 LLC for marketing services, advertising management, consulting, setup services, and related services are non-refundable.

Any refund requests will be reviewed on a case-by-case basis at the sole discretion of Uptick360 LLC.

If a specific service or offer includes a different refund policy, that policy will be disclosed at the time of purchase and will govern that transaction.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms and Conditions or the use of the Site shall be resolved through binding arbitration in the State of Kansas, except where prohibited by applicable law.

If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms and Conditions shall be binding upon and inure to the benefit of Uptick360 LLC and its successors and permitted assigns.

Policy Updates

Although it is unlikely, this Privacy Policy may be updated from time to time at our discretion. If we make changes to this Privacy Policy, we will post the updated version on this page and update the effective date accordingly.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy, please contact us at:

[email protected]