Terms and Conditions

Please read this carefully.

Important note

Up and Adam Coaching (“Up and Adam“, or “we”, “us”, “our”) delivers online health and fitness services and other related programs, products and services (the “Services”) through our mobile application Up and Adam Coaching (the “Up and Adam Coaching App“) and our Up and Adam website (the “Site”) to individuals who use our Site and/or register or purchase our Services (the “Members” or “Clients” or “You“). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use” or the “Terms” or “Agreement”) govern your use of our Services and the Site.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.

By clicking the “I accept” button or by using our Site or Services, or by purchasing any content/programs on our Up and Adam Coaching mobile app, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy. If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use our Site or Services. Up and Adam Coaching may modify these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on our Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.

account

While a user may browse the Website without creating an Account, a user will need to have an Account and agree to the terms of this agreement in order to use certain features of the Up and Adam Coaching Platform, including the Up and Adam Coaching app. To create an account, you will be required to provide certain information, including some Personal Information, such as your name and email address, and create a password or use your Facebook or Google login credentials (an “Account“). Once you create your Account, you will have access to a one-time free trial period (the “Trial Period”). Unless otherwise stated on the Up and Adam Coaching Platform, you will not be required to enter your billing information during the Trial Period. We reserve the right to terminate your Trial Period if you do not sign up for a Membership within a reasonable amount of time. A “Membership” means the paid training program with Up and Adam Coaching in the Up and Adam Coaching app. Upon beginning your Membership, you will be required to enter your billing information. A Membership is currently offered for a term of one month (the “Membership Term”) and shall automatically renew each month until you choose to cancel pursuant to the CANCELLATION POLICY section of this Agreement. By creating an Account, you agree that we may send and you agree to receive (a) messages or push notifications from us through the Up and Adam Coaching app and (b) informational or promotional emails to the email address used to create your Account. If you do not wish to receive push notifications, please change your settings on your mobile device. If you do not wish to receive emails, please select the unsubscribe option in the body of the email.

You are responsible for maintaining the confidentiality of your username and password associated with your Account and are fully responsible for all activities that occur under your Account. You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. You also agree that you will provide truthful and accurate information that belongs to you during the sign up process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us. You will ensure that you logout of your Account at the end of each session.

If you access the Up and Adam Coaching Platform using your mobile device or choose to connect with your Up and Adam Coaching Coach using text messages or SMS outside of the Up and Adam Coaching Platform, you understand that your mobile network provider may charge you fees for your use of its network while accessing or using the Up and Adam Coaching Platform, for data downloading, or roaming, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.

Who we are here for

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Up and Adam specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Up and Adam will have no liability resulting from any use of our Site or Services by any Minor.

What we do

monthlyME Program:

When you register for our foundational monthlyME program, you will receive a training program (optional), informative content, and be able to connect with a community of others going through the monthly program.

monthlyME for Apartments:

When you register your property for our resident engagement program called monthlyME, we will provide the services listed on www.monthlyme-apartments.com.

Nutrition and Fitness Challenges:

When you add-on one of our Challenges, you will receive structured content, a training program (optional), and be able to connect with a community of others going through the challenge.

nCoaching (Up and Adam’s Nutrition Coaching Program):

When you add-on our nCoaching Program, you will receive a structured nutrition program, a training program (optional), and be able to connect with one of our experts (a “Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your Coaching Program experience based on the information that you provide to us.

Up and Adam aims to connect you with a Coach who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. Up and Adam reserves the right to change your Coach at any time, in our sole discretion.

The money side

You agree to pay, and authorize Up and Adam’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. Up and Adam is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for our Services via a third-party social media network, you authorize Up and Adam to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your Services user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.

Cancellation policy

monthlyME Program:

As a member of our monthlyME program, you can cancel anytime. Follow these following steps:

Log into the web app version: CLICK HERE
Use your username and password.
Go to “My Account“.
Select “My purchases“.
Click the three dots next to your active program and select “Cancel Auto-renew“.

This must be completed at least 24 hours before your next billing cycle if you do not wish to be charged again. Up and Adam Coaching is not required to provide a refund if you try to cancel with less than 24 hours notice.

Nutrition and Fitness Challenges:

These challenges require a one-time payment and thus offer no refund, or cancellation option.

nCoaching Program:

For Clients of our nCoaching Program, we at Up and Adam require a 3 month minimum commitment to the program. If there is a promotional trial period being offered, the 3 month minimum commitment is still required once the first payment is received.

If you decide to cancel, you must provide us with a 30-day notice prior to your next billing date. Please email notice to info@upandadamcoaching.com.

In the event that you cancel your account, Up and Adam shall not be required to provide you with a refund or other compensation.

In the event of your default under these Terms of Use, Up and Adam reserves the right to terminate or suspend your account or use of the Services at any time. In such event, Up and Adam shall not be required to provide you a refund or other compensation.

Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms of Use which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

Paid in Full Options:

For Clients of our Online One-on-One or Group Coaching Programs who choose to pay for the program in full, you’ll receive a discount. This discount is subject to change.

In the event of your choice to discontinue use of our services under this payment option, Up and Adam shall not be required to provide you a refund or other compensation.

If you decide to cancel, you must please email notice to info@upandadamcoaching.com.

Content rights and ownership

Any content, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Up and Adam and is protected by intellectual property rights and unfair competition laws within and outside of the United States.

All content provided or otherwise made available by Up and Adam through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Up and Adam and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, Up and Adam hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.

By making Client Content available through our Services and Site, you hereby grant Up and Adam a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by Up and Adam on or through the Services and the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.

Feedback

We at Up and Adam love and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at info@upandadamcoaching.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General prohibitions and acceptable usage

To foster a positive and welcoming community for our Services and on the Site, Up and Adam has established the following rules of use. You agree you will not:

Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
Attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
Create multiple accounts under different names or emails, or re-register an account that was previously terminated by Up and Adam;
Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about Up and Adam employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
Use, display, mirror or frame the Services, or any individual element within the Services, Up and Adam’s name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without Up and Adam’s express written consent;
Access, tamper with, or use non-public areas of the Services and the Site, Up and Adam’s computer systems, or the technical delivery systems of Up and Adam’s providers;
Attempt to probe, scan, or test the vulnerability of any Up and Adam system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Up and Adam or any of Up and Adam’s providers or any other third party (including another Client) to protect the Services, Site, or Content;
Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Up and Adam or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
Use any meta tags or other hidden text or metadata utilizing a Up and Adam trademark, logo URL or product name without Up and Adam’s express written consent;
Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Up and Adam reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Up and Adam has no obligation or responsibility to do so. In addition, Up and Adam shall not be liable or responsible to any Client, or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.

Prohibited uses

You agree to use the Up and Adam Coaching Platform and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the Up and Adam Coaching Platform or related services. While using the Up and Adam Coaching Platform, you agree that you must not:

License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Up and Adam Coaching Platform or Content (as defined below);
Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Up and Adam Coaching Platform is based;
Promote illegal activities, sexual, or “adult” conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
Use the Up and Adam Coaching Platform to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
Take any action to circumvent, compromise, or defeat any security measures implemented on any part of the Up and Adam Coaching Platform, including to gain access to any part of the Up and Adam Coaching Platform;
Use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Up and Adam Coaching Platform (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Up and Adam Coaching Platform;
Frame or otherwise simulate the appearance or functions of the Up and Adam Coaching Platform or any portion thereof;
Use the Up and Adam Coaching Platform to gain competitive intelligence about us or develop a competing Up and Adam Coaching Platform or service;
Use the Up and Adam Coaching Platform to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or other fraudulent schemes, or any other form of solicitation;
Harvest or otherwise collect information about other users; or
Authorize or assist a third party to do any of the foregoing.

user Contributions

The Up and Adam Coaching app may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Up and Adam Coaching app. Any User Contribution you post to the Up and Adam Coaching app will be considered non-confidential and non-proprietary. By providing any User Contribution on the Up and Adam Coaching app, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material, including but not limited to, for marketing and promoting Up and Adam Coaching. For the avoidance of doubt, any User Contributions used for marketing or promotional purposes shall not contain any identifying features of the user who posted such User Contribution. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (b) All of your User Contributions do and will comply with this Agreement, including the Contribution Standards below.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Up and Adam Coaching, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Up and Adam Coaching app.

Contribution Standards

These contribution standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

monitoring and enforcement

Up and Adam Coaching reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Up and Adam Coaching app or the Website or the public or could create liability for Up and Adam Coaching; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Up and Adam Coaching app or Website ; and terminate or suspend your access to all or part of the Up and Adam Coaching app or Website for any or no reason, including without limitation, any violation of this Agreement.

We do not undertake to review all User Contributions before they are shared within the Up and Adam Coaching App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Health disclaimer

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS or REGISTERED DIETICIANS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Up and Adam provides the services for informational purposes only. Based on information that you request and/or provide to us, Up and Adam provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, Up and Adam shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Up and Adam shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Up and Adam disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Up and Adam’s gross negligence or willful misconduct.

Assumption of risk and disclaimer

UP AND ADAM PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT UP AND ADAM PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. UP AND ADAM GRANTS NO, AND UP AND ADAM HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. UP AND ADAM DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATION WITH CUSTOMER SERVICE OR A RESULTS REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RESULTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF UP AND ADAM OR ANYONE ON UP AND ADAM’S BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT UP AND ADAM IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

Limitation of liability

IN NO EVENT SHALL UP AND ADAM, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF UP AND ADAM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, UP AND ADAM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO UP AND ADAM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL UP AND ADAM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO UP AND ADAM FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

Termination

In addition to any other rights and remedies available to Up and Adam, we reserve the right to terminate or suspend any Member/Client’s right to access or use our Services or the Site, without notice, if we believe, in our sole discretion, that such Client has violated these Terms of Use.

Links

Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. Up and Adam does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.

Internet charges

You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Up and Adam assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Up and Adam assumes no responsibility or liability for any such charges.

General provisions

The Terms and Conditions, accepted upon first accessing the Services and the Site, including all policies, terms and conditions or other documents and agreements you may accept incorporated by reference, constitutes the entire agreement between you and Up and Adam regarding the use of our Services and the Site. Any and all other written or oral agreements or understandings previously existing between you and Up and Adam with respect to use of our Services and Site are hereby superseded and cancelled.

If any provision of the Terms and Conditions is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Our communication with you

Subject to providing your express consent evidence by checking the box and option during the registration process for our Services or on our Site, you consent to receive (via email or through the Services or Site) communications from us regarding the use of the Services and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of the Services and the Site.