PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
TERMS AND CONDITIONS
Upromise, Inc. ("Upromise") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below and in our Member Agreement.
Upromise, Inc. is not a registered broker-dealer and, therefore, does not effect any transactions in, offer, sell or distribute any securities. Any activities associated with the Upromise service that are required to be performed by a registered broker-dealer are conducted exclusively by Upromise Investments, Inc. ("Upromise Investments"), a registered broker-dealer and a member of the Financial Industry Regulatory Authority. Upromise Investments is a wholly-owned subsidiary of Upromise. This legal information pertains to Upromise Investments to the same extent as Upromise.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
UPROMISE ONLINE SHOPPING
In addition to these terms and conditions, you can find our Upromise online shopping terms and conditions here.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site, and materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the "Materials") are the property of Upromise and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Upromise and by copyright law, trademark law, international conventions and other intellectual property laws. By way of example, and not as a limitation, "Upromise" is a registered trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.upromise.com, any bulletin board, or any other web site owned or operated by Upromise without the prior written permission of Upromise. However, you may download or make one copy of the Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitute an infringement of Upromise's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from Upromise.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, throughout the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Upromise or such third party that may own the trademark or copyright of information displayed on this Site.
NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL
MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Upromise's Designated Agent listed below. For your notice to be effective, it must include the following information:
Upromise's Designated Agent is:
Attn: General Counsel
95 Wells Avenue, Suite 160
Newton, MA 02459
Fax: (617) 454-6360
The Upromise Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site. All other inquires to the Upromise Designated Agent will not be answered.
Upromise has business relationships with numerous participants in the Upromise service, as well as suppliers and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
LINKS TO THIRD PARTY WEBSITES
Upromise is not responsible for the content of any site that may be linked to or from www.upromise.com, or any bulletin board associated with Upromise. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Upromise, and Upromise has no control over the content of that other web site. In addition, a link to any other web sites does not imply that Upromise endorses or accepts any responsibility for the content or use of such other web site.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by Upromise of that third party or of any product or service provided by a third party.
Upromise is concerned about privacy matters for its customers. Please review our Privacy Statement.
UPROMISE IS NOT A MORTGAGE BROKER OR LENDER
Upromise is not a mortgage broker or lender, and does not solicit, offer, place, find, endorse, arrange, recommend, negotiate, originate, process, or assist anyone in obtaining any mortgage loan products. Upromise is not an agent for any lender or for any person seeking a loan.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify Upromise, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in Upromise's defense and/or settlement of any claim. Upromise reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by Upromise. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that Upromise and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute or consultation with professional advisors.
UPROMISE'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. UPROMISE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, UPROMISE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS ALLIES OR SUPPLIERS IN CONJUNCTION WITH THE UPROMISE SERVICE.
THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UPROMISE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.
EXCLUSION OF DAMAGES
NEITHER UPROMISE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF UPROMISE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL UPROMISE'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE UPROMISE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF FUNDS IN THE MEMBER ACCOUNT AT THE TIME THE CLAIM ARISES.
Upromise operates the Site from its offices within the United States. Upromise makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback and questions about the Site and the Upromise Service. However, any comments, ideas, notes, messages, questions, suggestions or other communications sent to us or shared with us shall be and remain the exclusive property of Upromise, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you.
Should you have any questions or complaints regarding these terms and conditions, please contact us.