Terms & Conditions - American Upbeat
Welcome to www.AmericanUpbeat.com

These Terms and Conditions (the “Terms”) govern your use of and access to www.americanupbeat.com and its sub-domains and affiliated sites, as well as AmericanUpbeat’s (“AmericanUpbeat”, “we”, “us”) pages and accounts on Facebook® (the “Sites”). The Sites are the property of AmericanUpbeat and/or its affiliates and protected by international copyright laws.

PLEASE READ THE FOLLOWING TERMS CAREFULLY AND KEEP A COPY OF THEM FOR YOUR REFERENCE. YOUR CONTINUED USE OF ANY OR ALL OF THE SITES CONSTITUTES YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS PROMPTLY EXIT THE SITES.

About AmericanUpbeat’s Sites

AmericanUpbeat owns and controls the Sites intended to provide news and informational content.

 

Privacy

AmericanUpbeat respects the privacy of its users. Please refer to the AmericanUpbeat’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the service, you signify your agreement to this Privacy Policy. The Privacy Policy may be updated from time to time at our discretion.

Warranty Disclaimer

THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES.

AMERICANUPBEAT, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITES.

Although AmericanUpbeat attempts to ensure the integrity and accurateness of the Sites, it makes no guarantees whatsoever as to the correctness or accuracy of the Sites. It is possible that the Sites could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform AmericanUpbeat so that it can be corrected. Information contained on the Sites may be changed or updated without notice.

 

Confidential and Privacy Under the GDPR

AmericanUpbeat’s collection, storage, and use of your data will be governed by AmericanUpbeat’s Privacy Policy. If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to [email protected] You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.

 

Links or Pointers to Other Sites

AmericanUpbeat makes no representations whatsoever about any other Website that you may access though the Sites. When you access other Website, please understand that it is independent from AmericanUpbeat and AmericanUpbeat makes no representations whatsoever about any other Website that you may access through the Sites. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

 

Limitation on Liability

In no event AmericanUpbeat will be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use of the Sites even if we have been advised of the possibility of such damages, access to, and use of, the use of the Sites is at your own discretion and risk.

 

Copyright Policy

We respect the intellectual property of others and ask that users of our Sites also respect it. If you believe that one of AmericanUpbeat’s users is, through the use of our Sites, unlawfully infringing the copyrights in a work, and wish to have the allegedly infringing material removed, the information in the form of a written notification must be provided to the designated copyright agent at [email protected]

Please take note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by AmericanUpbeat in connection with the written notification and allegation of copyright infringement.

 

Entire Agreement

These Terms constitute the entire agreement between AmericanUpbeat and you pertaining to the subject matter of this Agreement. In its sole discretion AmericanUpbeat may modify these Terms by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms and conditions linked on this Site at that time.

 

No Unlawful or Prohibited Purpose

As a condition of your use of the Sites, you warrant to AmericanUpbeat that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms.

 

Legal Disputes

You and AmericanUpbeat mutually agree that if a dispute, controversy or claim (collectively a “Dispute”) arises from or relates directly or indirectly to the subject matter of these Terms and if the Dispute cannot be settled within ten (10) days through direct discussions between the parties, the parties shall first endeavor to resolve the Dispute by immediately participating in a mediation administered by a mediator selected by mutual agreement of the parties, before resorting to arbitration. Thereafter, if any Disputes remain after the mediation, such Disputes shall be promptly resolved by binding arbitration. The party desiring to initiate arbitration can do so by sending written notice of an intention to arbitrate by registered or certified mail to the other party.  The written notice shall contain a description of the nature of all claims or controversies asserted and the facts upon which such claims are based.  All claims shall be submitted to a single neutral arbitrator.  The arbitration shall take place in the United States at location mutually agreed by the parties. The arbitrator shall be mutually agreed upon by the parties.

 

Contact Us

AmericanUpbeat welcomes your questions or comments regarding the Terms at [email protected]

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Email Address: [email protected]

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Effective as of May 01, 2018

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