Please read these terms and conditions carefully before using Our Service.
Last updated: August 01, 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 these Terms of Use:
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.
Country refers to: North Carolina, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to upShifting with David Barron.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms of Use (also referred as "Terms") mean these Terms of that form the entire agreement between You and the Company regarding the use of the Service.
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.
Website (also referred as “Site”) refers to upShifting with David Barron, accessible from https://www.upshiftingwithdavidbarron.com
You (also referred as “User”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
By accessing, using or purchasing anything through the upShifting with David Barron website, https://www.upshiftingwithdavidbarron.com (the “Site) you accept and agree to comply with the following Terms of Use (and which include upShifting with David Barron Privacy Policy and Disclosure). If you do not agree with these Terms of Use you should immediately cease using the Site. upShifting with David Barron reserves the right to add to, amend or modify the Terms of Use at any time without notice and any such additions, amendments or modifications are effective immediately upon their posting to the Site. You should visit this webpage periodically to review the Terms of Use that govern your access, use and transactions of the Site and which are legally binding on you.
License & Intellectual Property Rights
As a user of this Site you are granted a limited, non-exclusive and non-transferable license to access and make personal use of the Site, provided the Site is not modified or downloaded (other than page caching). This includes a limited license to use (display or print) short extracts of the information for your own personal, non-commercial use only and always provided that the information is not modified. Any other use of the Site is prohibited without the express prior written consent of upShifting with David Barron. None of the information may be otherwise repackaged, reproduced, republished or re-disseminated in any manner or form, in whole or in part, in printed or electronic format, without upShifting with David Barron’s express prior written consent.
upShifting with David Barron owns the intellectual property rights, including copyright, in and to this Site, or has acquired the necessary licenses. Unless otherwise indicated, this Site and all content and materials therein, including but not limited to upShifting with David Barron logos and all designs, text, video, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of upShifting with David Barron and are protected by U.S. and international laws and specifically, but not limited to, copyright and trademark laws. Unauthorized use of the Site may violate copyright, trademark and other laws.
Limitation on Liability & Disclaimer of Warranties/Conditions
You are fully responsible for any consequences resulting from use of the Site. The information is provided in good faith on an “as is” basis and was current and the time of posting for use on the Site. 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.
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.
upShifting with David Barron does not guarantee the quality, accuracy, completeness or timeliness of the information on the Site. While every effort is made to verify the information provided, the Site may contain typographical errors, technical inaccuracies or other errors and should not be assumed to be free of any errors. Where information has been provided by third parties it has not necessarily been verified by upShifting with David Barron. upShifting with David Barron disclaims all warranties or conditions, expressed or implied in respect of the information on the Site.
The Internet is not a secure medium and privacy cannot be guaranteed; there is potential for interception and forgery. upShifting with David Barron is not responsible for any damages you or any third party may suffer as a result of the transmission of confidential information you make to upShifting with David Barron via the Internet, or that you authorize upShifting with David Barron to make, or for any errors or changes made to any transmitted information.
Prices and availability of tickets or any other products and services offered by upShifting with David Barron are subject to change at any time without notice. All prices are listed in U.S. dollars and are exclusive of GST and any other applicable taxes or fees which may be applicable. Payment terms are at upShfiting with David Barron’s sole discretion.
upShfiting with David Barron shall not be responsible for any direct, indirect, special, incidental consequential or other damages arising out of or in connection with use of the Site, in reliance on the information contained on the Site, or misinterpretation of any information on the Site, including, but not limited to any loss of use, loss of data, lost business profits, business interruption, personal injury or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. Furthermore, upShfiting with David Barron shall not be liable for any such losses or damages resulting from a failure caused by an event beyond its control (a force majeure event) or by any other cause not within upShfiting with David Barron’s control.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
User Content and Interactive Areas
The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos, text, music, sound, graphics, code or other materials on the Sites (collectively, "User Content"). User Content may be publicly-viewable along with profile information associated with your google account or online account. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to create, post, upload, transmit, distribute, or store any of the following:
User Content that is fake, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or other category protected by law;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that constitutes plagiarism, academic fraud or dishonesty, or unauthorized copying of any Content;
User Content that promotes or encourages the use of indoor or outdoor nature areas that are not legally open or trespassing;
User Content that displays, describes or encourages usage of any service or product we sell in a manner that could be offensive, inappropriate or harmful to upShifting with David Barron or any user or consumer or that is contrary to any instructions or warnings relating to the service or product;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that includes or constitutes spam or other forms of unsolicited communications;
User Content that does not clearly and prominently disclose any material connections you may have to upShifting with David Barron or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
User Content that contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
User Content that, in the sole judgment of upShifting with David Barron, restricts or inhibits any other person from using or enjoying the Sites or which may expose upShifting with David Barron or our users to any harm or liability of any type.
upShifting with David Barron encourages You to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Site or, for content that infringes copyright or trademark rights, by contacting upShifting with David Barron here; https://upshiftingwithdavidbarron.blogspot.com/p/contact-form.html. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although upShifting with David Barron has no obligation to screen, edit or monitor any of the User Content posted on the Site, upShifting with David Barron reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
Rights in User Content
Except as otherwise provided in these Terms, on the Site or in a separate agreement, upShifting with David Barron claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant upShifting with David Barron a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. Also, if you submit, post or share User Content through the Site or third-party platforms, you understand that this User Content will be viewable by others.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to upShifting with David Barron that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Site, do not and will not violate these Terms, or any other applicable upShifting with David Barron terms, guidelines or policies or any applicable law, rule or regulation.
Feedback and Ideas
upShifting with David Barron is pleased to hear from You and welcomes Your comments about the Services, including, but not limited to, the Site content, Videos, and Events. In the event that You submit feedback, ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of upShifting with David Barron. None of the Service Comments will be subject to any obligation of confidence on the part of upShifting with David Barron, and upShifting with David Barron will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, upShifting with David Barron will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
Reviews
We may provide specific opportunities for you to tell upShifting with David Barron or users what you think about our services or products. You are solely responsible for the reviews you submit and understand that you may not be able to delete this content after it has been published. You also assume all risks associated with your reviews, including anyone's reliance on the quality, accuracy or reliability of such reviews, and the disclosure of your personal information in connection with such content. If you submit reviews, you agree to state your opinions lawfully, honestly and in good faith. All reviews are strictly the opinion of the user posting such reviews, and upShifting with David Barron does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, upShifting with David Barron may use a third party to "power" or provide the opportunity to provide reviews. In that case, you will also need to review such third party's terms of service and privacy policy, to determine whether they are acceptable to you. If they are not, do not provide reviews to us using the third party's service or technology.
User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Site. You also agree to abide by any rules or policies governing your use of our Site and that you will not:
Use the Site other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites;
Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another's account without authorization from upShifting with David Barron;
Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop or use any third-party applications that interact with User Content or our Site without our prior written consent;
Use the Site in a manner that could interfere with or damage, disable, overburden or impair the operation of the Site or introduce to the Site or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
"Frame" our Site or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.
upShifting with David Barron has no obligation to monitor any user conduct on the Site, but upShifting with David Barron reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
upShifting with David Barron does not approve or endorse any user-posted meetings or user-posted events referenced on the Site and upShifting with David Barron recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you. You understand that upShifting with David Barron does not conduct background checks of users or otherwise vouch for the safety of such online or offline meetings, and such meetings are held at your sole risk. You are advised to be careful not to accidentally divulge personal information about yourself, such as your name, phone number or address. We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.
Computer Viruses
upShfiting with David Barron makes all reasonable efforts to ensure all information provided on the Site does not contain computer viruses. However, you should take precautions to scan for computer viruses and ensure that you have a complete and current backup of applicable items or information contained on your computer system.
Indemnity
You agree to indemnify, defend and hold harmless upShfiting with David Barron, its officers, employees, affiliates and authorized representatives from and against any and all liabilities, actions, damages, losses, demands, costs, claims or expenses of any kind (including but not limited to any lawyer’s fees) arising out of or relating to any prohibited use of the Site and Services. If you violate or infringe upon the rights of any third party they have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.
Third Party Links
The Site may contain links to third-party websites and are only provided as a convenience to you. Such third-party websites have been independently developed and are independently maintained, and upShfiting with David Barron assumes no responsibility for the accuracy or appropriateness of the information contained in these websites. The inclusion of these websites is in no way an endorsement of any third-party website by upShfiting with David Barron, nor should a link be construed to mean upShfiting with David Barron is associated with any such third-party or that upShfiting with David Barron is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link.
If you decide to access linked third-party websites you do so entirely at your own risk and you should review their Terms of Use.
Termination
Any unauthorized use of the Site will result in immediate termination of the license. upShfiting with David Barron may deny access to the Site to you and anyone claiming to be you or through you without any liability. However, any delay of failure by upShfiting with David Barron to act with respect to a breach or unauthorized use of the Site does not constitute a waiver by upShfiting with David Barron and shall not limit upShfiting with David Barron’s rights in respect of such breach or any subsequent breaches by you.
Severability
In the event that any of the provisions or conditions in these Terms of use should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining provision or condition.
Entire Agreement
These Terms of Use represent the entire agreement between you and upShfiting with David Barron regarding the use of this Site.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Questions & Requests for Permission/Further Information
Any use beyond the scope permitted by these Terms of Use requires the express written permission of upShfiting with David Barron. Please contact https://upshiftingwithdavidbarron.blogspot.com/p/contact-form.html in this regard.
