Last updated: August 04, 2021
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to upShifting with David Barron.
Service refers to the Website.
You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Website (also referred as “Site”) refers to upShifting with David Barron, accessible from https://www.upshiftingwithdavidbarron.com
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Disclaimer
The information on the Site, including but not limited to: text, video, images, audio, or other formats are provided for educational or informational purposes only. No legal, medical or other professional advice is implied or expressed. The information on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on this Site. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. upShifting with David Barron does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by upShifting with David Barron, employees, users, or medical professionals presenting content is solely at your own risk.
You acknowledge that Your outdoor activities, exercise activities and diet involve risks, which may involve risk of bodily injury or death, and that You assume those risks. You should consult a licensed/certified healthcare professional prior to beginning or modifying any outdoor activity, exercise program, or diet that You undertake, and You acknowledge that upShifting with David Barron has advised You of the necessity for obtaining such consultations. The Service is a source of information, but it does not provide medical advice. upShifting with David Barron makes no representation that upShifting with David Barron is a provider of medical services as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that upShifting with David Barron has any obligations with respect to (a) the appropriateness of Your engaging in outdoor activities, exercise activities, and a diet program; (b) the results (or lack of results) obtained by Your use of the Services; and (c) any health-related matters arising in connection with Your use of the Services. In no event shall upShifting with David Barron be liable for any death or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Service or any outdoor activity, exercise, diet, or other activity You undertake in connection with Your use of the Service.
Links to content not created by upShifting with David Barron are taken at your own risk. upShifting with David Barron is not responsible for the claims of external websites and third party companies.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
External Links Disclaimer
The Service may contain links to external websites or third-party social media services that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Affiliates Disclaimer
upShifting with David Barron is a participant in several affiliate programs including the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for upShifting with David Barron to earn a small commission if you decide to purchase products linked to Amazon.com and affiliated sites.
As an Amazon Associate I earn from qualifying purchases.
The FTC requires disclosure about any affiliate links. The Site will specifically note at the top of a post, blog, or page when affiliate links are present, but for disclosure purposes, assume that any link you click on is an affiliate link.
Affiliate links do not result in additional charges to you or cost you anything extra. Affiliate links are one way of supporting upShifting with David barron at no additional cost to you. The compensation received via any form of affiliate program will never influence upShifting with David Barron’s content, topics, or posts. Thank you for your support.
Advertisers and Sponsors Disclaimer
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. upShifting with David Barron is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation by upShifting with David Barron and we make no representations or warranties about any product or service contained therein.
The Site may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that upShifting with David Barron does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. upShifting with David Barron is not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. upShifting with David Barron is not liable under any circumstances for any damages arising from the transactions between you and merchants or for any information appearing on merchant websites or any other website linked to the Site.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while utilizing any Merchant websites. upShifting with David Barron is not responsible for information provided by you to by Merchants. upShifting with David Barron’s relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Google Adsense Disclaimer
This website uses Google Adsense, a web-advertising-service of Google Inc., United States (“Google”). Google Adsense uses “cookies” (text files) that are stored on your computer and allows an analysis of the use of this Site by you.
Google Adsense also uses so-called “Web Beacons” (small invisible images) to gather information. Through the use of Web beacons simple actions such as the visitor traffic to the website can be recorded and collected. The information generated by the cookie and/or Web Beacon is information about your use of this site (url), including your IP address and will be transferred to a Google server in the U.S. and stored there.
Google will use this information to evaluate your use of the site in order to show and compile reports on website activity and ads for website operators and provide other services with website and internet related services. Google may also transfer this information to third parties where this is required by law, or where such third parties process the information on Google’s behalf.
Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however you can use in this case not all features of the Site.
By using this site you agree to the processing of data about you by Google in the manner described, and agree to the aforementioned purpose.
Events Disclaimer
By participating in any events planned and controlled by upShifting with David Barron, you agree to the following:
upShifting with David Barron events are provided with no special warranty either express or implied. upShifting with David Barron and third party event locations assumes no liability for any loss, theft, damage, or injury to property or persons, including death, whether arising in contract, negligence, equity, or otherwise.
You assume all risks when participating in upShifting with David Barron events. All participants must use care and good judgment and must obey all rules and regulations of upShifting with David Barron and third party event locations. You will comply with all requests made by employees of upShifting with David Barron and third party event locations. You must obey all laws of the State, City, and County. upShifting with David Barron reserves the right to eject any participant who does not comply with the terms of this section. Ejected participants will not be entitled to a refund or any further recourse.
You will defend, indemnify and hold harmless upShifting with David Barron and its organizers, directors, employees, consultants, agents, affiliates, and third party event locations for any and all legal actions arising out of participation in upShifting with David Barron’s event. You further agree to pay all legal fees incurred by upShifting with David Barron that arise due to this agreement.
You give upShifting with David Barron authorization to use and post any photographs, videos, recordings or any other record of upShifting with David Barron’s events, including full names of any participants, before during or after the event for promotional use, reporting to the media and to publish on the Site, including but not limited to blog posts and videos. You will not be entitled to any compensation for upShifting with David Barron’s use of your name or image.
Refunds for any reason will be at the discretion of upShifting with David Barron and/or third party event location. (See upShifting with David Barron’s event policy for cancelations)
upShifting with David Barron reserves the right to exclude anyone from becoming a participant at an event should they choose not to accept this Agreement.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Changes to this Disclaimer
upShifting with David Barron reserves the right to add to, amend or modify the Disclaimer at any time without notice and any such additions, amendments or modifications are effective immediately upon their posting to the Site.
You are advised to review this Disclaimer periodically for any changes. Changes to this Disclaimer are effective when they are posted on this page.
Contact Us
If you have any questions about this Disclaimer, You can contact Us:
- By visiting this page on our website: https://upshiftingwithdavidbarron.blogspot.com/p/contact-form.html
