Terms of service
These Terms of Service (the “Terms” or “Agreement”) are a legally binding contract between you (“you” or “your”) and Uplift Deals (“Company,” “we,” “our,” or “us”). These Terms govern your access to and use of our websites, any applications where these Terms are posted, and any purchase you make from us (collectively, the “Service”).
This Agreement incorporates by reference our Privacy Policy (together with these Terms, the “Agreement”). By accessing or using the Service, or by clicking any button or checking any box marked “I Agree,” “Place Order,” “Complete Purchase,” “Start Membership,” or similar, you agree to be bound by this Agreement. If you do not agree to this Agreement in its entirety, you must immediately discontinue use of the Service and must not enroll in the VIP Membership.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS:
- An automatically renewing VIP Membership subscription with recurring charges every 28 days unless you timely cancel;
- A binding arbitration agreement requiring, to the fullest extent permitted by law, that disputes be resolved through individual arbitration and not in court; and
- A waiver of your right to participate in class, collective, or representative actions, and limitations on your remedies and our liability.
If you do not agree to these Terms, do not use the Service or enroll in the VIP Membership.
Table of Contents
- Summary of Key Terms (Non-Exhaustive)
- Agreement to Terms, Eligibility & Electronic Consent
- VIP Membership; Billing, Subscription & Negative Option Terms
- Payment Methods & Authorization
- Refund Policy (Products & Membership)
- Dispute Resolution; Arbitration Agreement
- Class Action Waiver
- Disclaimers & Limitation of Liability
- Assumption of Risk; Release & Indemnity
- Modification, Errors & Termination
- Your Use of the Service
- Third-Party Services
- Intellectual Property
- State and Federal Subscription Law Disclosures
- Miscellaneous
- Contact Us & Billing Descriptor
1. Summary of Key Terms (Non-Exhaustive)
This section is a non-exhaustive summary. The full terms below are legally binding.
- VIP Membership & Recurring Charges: The VIP Membership is an automatically renewing subscription that charges your payment method $29.99 USD every 28 days (plus applicable taxes) until you cancel in accordance with this Agreement.
- First Charge Timing: The first VIP Membership fee is charged 28 days after your initial purchase, and subsequent Membership Fees are charged every 28 days thereafter until you cancel.
- Negative Option / Auto-Renewal: The VIP Membership is a “negative option” or auto-renewal program. Unless you cancel, the Membership continues and your payment method is charged on a recurring basis.
- Cancellation Deadline: To avoid being charged for the next 28-day period, you must cancel at least 3 days before your next scheduled billing date.
- Refunds: Physical products are generally eligible for a refund or store credit for up to 30 days after receipt, subject to conditions. VIP Membership charges are eligible for a refund for up to 30 days after the charge posts, but only if you have not used any membership benefits during that billing period.
- Arbitration & Class Action Waiver: To the fullest extent permitted by law, disputes are subject to binding individual arbitration, and you waive the right to participate in class, collective, or representative actions or proceedings.
- Limitation of Liability: Our aggregate liability is limited to the fullest extent allowed by law and will not exceed the greater of $100 or the total amount of fees you paid to us in connection with the Service that gave rise to the claim.
- Governing Law: This Agreement is governed by the laws of the State of Wyoming, without regard to conflict of law principles, subject to applicable consumer protection law in your state of residence.
2. Agreement to Terms, Eligibility & Electronic Consent
By accessing or using the Service, creating an account, placing an order, or enrolling in the VIP Membership, you represent and warrant that:
- You have read, understand, and agree to be bound by this Agreement and our Privacy Policy;
- You are at least 18 years old and legally competent to enter into this Agreement; and
- If you are using the Service on behalf of a company or other entity, you are authorized to bind that entity, and “you” will refer to both you and that entity.
2.1 Electronic Records & Signature
By clicking any button or checking any box labeled “Place Order,” “Complete Purchase,” “Start Membership,” “I Agree,” or similar, you:
- Adopt an electronic signature and consent to enter into this Agreement electronically;
- Consent to receive this Agreement, the Privacy Policy, and any legally required notices or disclosures electronically; and
- Agree that electronic records and signatures have the same legal effect as paper documents and handwritten signatures to the fullest extent permitted by law.
If you do not agree to this Agreement, you must not use the Service, create an account, or enroll in the VIP Membership.
3. VIP Membership; Billing, Subscription & Negative Option Terms
3.1 VIP Membership Description
Company offers a subscription membership (the “VIP Membership”) that, as described at the time you enroll, provides benefits that can include:
- Access to VIP pricing on products listed on our website or within the membership portal;
- Priority access to customer support, which may be offered 24/7 or as otherwise described at enrollment;
- Free shipping on qualifying orders placed through the membership portal; and
- Exclusive access to products or new releases available only to VIP Members.
Company may change, enhance, or reduce VIP Membership benefits, promotions, or features on a prospective basis, subject to applicable law. Any material change to the terms of the VIP Membership will be communicated as required by law.
3.2 VIP Membership Fee; Billing Cycle
Unless expressly stated otherwise at the time of enrollment, the VIP Membership fee is:
- $29.99 USD every 28 days (the “Membership Fee”), exclusive of taxes;
- The first Membership Fee is charged 28 days after your initial purchase that includes enrollment in the VIP Membership; and
- Thereafter, the Membership Fee is charged automatically every 28 days until you cancel in accordance with this Agreement.
Company may offer promotional or introductory pricing. During such promotions, you can be charged less than the Membership Fee, but you will not be charged more than the then-current Membership Fee without your express consent, as required by applicable law.
3.3 Negative Option / Auto-Renewal Disclosure
The VIP Membership is a negative option or automatic renewal program. This means that, unless you cancel:
- Your VIP Membership continues on a recurring basis until you or Company terminate it; and
- Your designated payment method is charged automatically for recurring Membership Fees (plus applicable taxes) at the then-current rate every 28 days.
Company presents the key terms of the VIP Membership— including price, frequency, timing of the first charge, and cancellation procedures— in a clear and conspicuous manner near the point of purchase and/or in a post-purchase acknowledgment, consistent with applicable federal and state law governing negative option features and automatic renewals.
3.4 Automatic Recurring Billing & Consent
BY ENROLLING IN THE VIP MEMBERSHIP AND PROVIDING A PAYMENT METHOD, YOU EXPRESSLY:
- AUTHORIZE COMPANY TO INITIATE RECURRING CHARGES TO YOUR PAYMENT METHOD FOR THE MEMBERSHIP FEE (PLUS APPLICABLE TAXES) EVERY 28 DAYS UNTIL YOU CANCEL;
- ACKNOWLEDGE THAT YOUR VIP MEMBERSHIP WILL AUTOMATICALLY RENEW WITHOUT FURTHER ACTION BY YOU, UNLESS AND UNTIL YOU CANCEL IN ACCORDANCE WITH SECTION 3.5;
- AUTHORIZE COMPANY TO STORE AND USE YOUR PAYMENT INFORMATION FOR RECURRING CHARGES, PAST-DUE AMOUNTS, AND ANY CORRECTIONS OR ADJUSTMENTS; AND
- AGREE THAT YOUR FAILURE TO TIMELY CANCEL AND/OR YOUR CONTINUED USE OF VIP MEMBERSHIP BENEFITS CONSTITUTES YOUR ONGOING AUTHORIZATION TO BE CHARGED.
3.5 Cancellation of VIP Membership; Easy Cancellation
You may cancel your VIP Membership at any time. To avoid being charged for the next 28-day period, Company must receive your cancellation request at least 3 days before your next scheduled billing date.
You may cancel by using any of the following methods:
- Submitting the Cancel Membership form on our website or, if available, within your online account; or
- Emailing us at help@upliftdeals.com; or
- Calling us at +1 (866) 984-7269.
When you request cancellation, you must provide your full name, email address, and physical address associated with your account or VIP Membership. Company may require additional information solely as necessary to verify your identity and protect against unauthorized cancellations.
Cancellation is effective at the end of the current billing period and does not automatically result in a refund of charges already posted, except as expressly provided in Section 5.
Company provides cancellation mechanisms that are straightforward and that are at least as simple as the method you used to enroll, as required by applicable federal and state law. If you experience any difficulty canceling, you should email help@upliftdeals.com with “Cancellation Difficulty” in the subject line.
3.6 Changes to Membership Fees
Company may change the Membership Fee in its discretion. Any increase in the Membership Fee will apply prospectively and only after Company provides any advance notice required by applicable law. Continued use of the VIP Membership following the effective date of a fee change constitutes your acceptance of the new fee. If you do not agree to a fee change, you must cancel your VIP Membership prior to the effective date of the change.
4. Payment Methods & Authorization
When you provide a credit card, debit card, or other payment method (including express checkout options such as PayPal, Google Pay, or similar services), you represent and warrant that:
- You are authorized to use the payment method;
- The information you provide is true, correct, and complete; and
- You authorize Company and its third-party payment processors and billing agents to charge your payment method for all amounts owed under this Agreement, including Membership Fees, product purchases, shipping, taxes, and any applicable fees or adjustments.
If your payment method is declined, cannot be verified, or is otherwise invalid, Company may:
- Cancel or suspend your purchases or your VIP Membership;
- Require you to provide a valid backup payment method; and/or
- Use account updater services or retry failed transactions, as permitted by your payment provider and law.
This Agreement constitutes your standing authorization to the issuer of the payment method, and no separate signed receipt is required. Company is not responsible for any insufficient funds, overdraft fees, chargeback fees, or similar fees incurred by you due to charges under this Agreement.
If you provide a debit card, you authorize all charges to be applied to that debit card, including recurring charges. Company reserves the right to correct any errors in processing payments, including by charging or crediting your payment method to correct such errors.
5. Refund Policy (Products & Membership)
5.1 Refunds for Physical Products
For physical products purchased through the Service, you may request a refund or store credit within 30 days after you receive your order, subject to the conditions in this Section and any additional policy disclosed at checkout or in your order confirmation.
The following guidelines apply:
- If a product is defective or damaged upon arrival, Company provides a 100% refund or a free exchange after verification by our customer support team.
- Company may request photographs, videos, or other reasonable proof to verify any claimed defect or damage.
- For non-defective products, returns can be conditioned on the product being returned in original or resalable condition. In such circumstances, Company may issue a refund or store credit in its discretion, to the extent permitted by applicable law and any posted policy specific to that product.
5.2 Refunds for VIP Membership Charges
You may request a refund of a VIP Membership charge within 30 days after the date that charge posts to your payment method, provided that you did not use any VIP Membership benefits during that billing period.
For purposes of this Section, “use” of VIP Membership benefits includes, without limitation:
- Purchasing discounted products, services, or bundles through the VIP membership portal;
- Purchasing or accessing new products or features that are exclusive to VIP Members;
- Accessing or redeeming VIP-only pricing, promotions, rewards, or perks; or
- Any other usage of features designated as VIP-only benefits.
If you have used any VIP Membership benefits during the relevant billing period, the Membership Fee for that period is not eligible for a refund. Company determines, in good faith and in its reasonable discretion, whether VIP benefits have been used during a given period.
Except as expressly provided in this Section or as required by law, Membership Fees are non-refundable. Cancellation of the VIP Membership prevents future recurring charges but does not by itself entitle you to a refund of past charges.
6. Dispute Resolution; Arbitration Agreement
6.1 Governing Law & Venue
Subject to the arbitration provisions in this Section, this Agreement and any dispute, claim, or controversy arising out of or related to this Agreement or the Service (each a “Claim”) are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. To the extent the consumer protection laws of your state of residence apply and provide you with non-waivable rights, this Agreement is intended to be interpreted consistently with those laws.
Except for Claims that are required to be resolved through arbitration as set forth below, the exclusive venue for any judicial action arising out of or related to this Agreement is the state and federal courts located in Wyoming (each a “Court of Competent Jurisdiction”). You and Company consent to the personal jurisdiction of such courts and waive any objection to such jurisdiction and venue.
If you reside outside the United States and bring a Claim against Company outside the United States, applicable law may permit you to bring a Claim in the forum where you reside. Any such Claim must be brought on an individual basis only and not as a plaintiff or class member in any class, collective, or representative action.
6.2 Informal Resolution
Before initiating arbitration or any other formal legal proceeding, you agree to first contact Company at help@upliftdeals.com and provide a written description of your Claim and all relevant facts. Company will attempt to resolve the Claim informally. If the Claim is not resolved within sixty (60) days after Company’s receipt of your written description, either you or Company may initiate arbitration as described below.
6.3 Binding Arbitration Agreement
THIS SECTION REQUIRES, TO THE FULLEST EXTENT PERMITTED BY LAW, BINDING INDIVIDUAL ARBITRATION OF CLAIMS INSTEAD OF COURT LITIGATION AND JURY TRIALS.
If a Claim is not resolved through informal negotiations, any Claim is resolved exclusively by binding arbitration, to the fullest extent permitted by law. “Claim(s)” include any claim or dispute between or among the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns (collectively, the “Company Entities,” which are intended third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service.
This arbitration provision is reciprocal. Any election to arbitrate by one party is final and binding on the other. This arbitration provision, including its interpretation and enforcement, is governed by the Federal Arbitration Act.
6.4 Arbitration Procedures
Arbitration is commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Arbitration Rules & Procedures (the “Streamlined Rules”), as modified by this arbitration provision.
The following terms apply:
- The parties participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules.
- If JAMS is unavailable to arbitrate, you and Company select an alternative arbitral forum with substantially similar rules.
- All remedies available to the parties under applicable law remain available in arbitration.
- All issues, including the interpretation and enforceability of this arbitration provision, are determined by the arbitrator.
- Unless you and Company agree otherwise in writing, the final arbitration hearing takes place in person at the JAMS facility located in or nearest to your city of residence; however, either party may elect to have the arbitration conducted by video conference or telephone where permitted by the arbitral forum.
6.5 Arbitration Costs & Fees
If you initiate arbitration against Company, you are required to pay an initial filing fee to JAMS of up to $250 (unless you qualify for a fee waiver under the applicable rules or law). Remaining arbitration costs, including case management fees and arbitrator fees, are allocated by the arbitrator consistent with applicable law and the Streamlined Rules.
If Company initiates arbitration against you, Company pays all costs associated with the arbitration, except that each party bears its own attorneys’ fees and costs unless an applicable statute authorizes an award of attorneys’ fees and costs and the arbitrator awards them.
6.6 Arbitrator’s Award
The arbitrator’s award consists of a written statement stating the disposition of each Claim and a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law. Any award may be challenged on the grounds that the arbitrator failed to follow applicable law or exceeded his or her authority, to the extent such challenges are permitted by the Federal Arbitration Act or other applicable law.
Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on an arbitration award, or to seek injunctive or other provisional relief in aid of arbitration.
YOU UNDERSTAND AND ACKNOWLEDGE THAT, ABSENT THIS ARBITRATION PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THAT RIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Class Action Waiver
THIS SECTION IS A MATERIAL PROVISION OF THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY (INCLUDING THE COMPANY ENTITIES) AGREE THAT:
- ANY CLAIM IS BROUGHT ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING; AND
- THE ARBITRATOR HAS NO AUTHORITY TO:
- CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS;
- PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING; OR
- AWARD RELIEF OTHER THAN TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF REQUIRED BY THAT PARTY’S INDIVIDUAL CLAIMS.
8. Disclaimers & Limitation of Liability
8.1 Application
This Section applies to the maximum extent permitted by applicable law. Certain jurisdictions do not allow the exclusion of particular warranties or the limitation of certain types of damages. In such jurisdictions, the exclusions and limitations in this Section apply only to the extent permitted by law.
Company, the Company Entities, and their respective owners and agents are intended third-party beneficiaries of this Section.
8.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, AND FEATURES MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND.
COMPANY, ON BEHALF OF ITSELF AND THE COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY COMPANY ENTITY WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS COMPANY OR ANY COMPANY ENTITY, OR THEIR OWNERS OR AGENTS, LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL;
- LOSS OF PRIVACY OR SECURITY OF DATA;
- COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- FAILURE TO MEET ANY DUTY (INCLUDING DUTIES OF DUE CARE, GOOD FAITH, OR REASONABLENESS).
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING OTHER PROVISIONS OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:
- ONE HUNDRED U.S. DOLLARS (US $100); OR
- THE TOTAL AMOUNT OF FEES YOU PAID TO COMPANY FOR THE SERVICE THAT DIRECTLY GAVE RISE TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SERVICE IS MADE AVAILABLE TO YOU IN RELIANCE ON THESE LIMITATIONS.
9. Assumption of Risk; Release & Indemnity
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, HEIRS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY COMPANY AND THE COMPANY ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO:
- BODILY INJURY;
- PROPERTY DAMAGE;
- WRONGFUL DEATH;
- EMOTIONAL DISTRESS;
- LOSS OF PRIVACY;
- ECONOMIC LOSS; OR
- OTHER DAMAGES OR HARM;
WHETHER SUFFERED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE, EXCEPT TO THE EXTENT CAUSED DIRECTLY BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE LIMITED EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
10. Modification, Errors & Termination
10.1 Modification of Terms
Company may modify this Agreement, including the incorporated Privacy Policy, at any time, subject to applicable law. Company posts the updated Terms on the Service and may provide additional notice (such as by email or in-Service message) where legally required.
You are responsible for reviewing this Agreement periodically. Your continued access to or use of the Service after any modification becomes effective constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must cease using the Service and cancel your VIP Membership.
10.2 Errors & Availability
The Service can contain typographical errors, inaccuracies, or omissions, including with respect to product descriptions, pricing, availability, or other content. Company reserves the right, but is not obligated, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Company can modify or discontinue the Service or any part of the Service (including any products, features, or pricing) at any time, subject to applicable law. Content provided through the Service is for general informational purposes and is not guaranteed to be accurate, complete, or current.
10.3 Termination
Company can, at any time and in its sole discretion, terminate this Agreement, the Service, your account, and/or your VIP Membership, with or without notice, for any reason or no reason, including for any violation of this Agreement or applicable law, subject to any limitations imposed by law.
If you wish to terminate this Agreement, you should cease using the Service and, if applicable, cancel your VIP Membership as described in Section 3.5.
Provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, Sections 3 (as to outstanding payment obligations and the consequences of cancellation), 4, 5, 6, 7, 8, 9, 10.3, 11, 12, 13, 14, 15, and 16.
11. Your Use of the Service
11.1 Your Qualifications
You must be at least eighteen (18) years of age and legally competent to use the Service. If you use the Service on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity, and you agree that the entity is responsible for your use of the Service.
You agree that all information you provide in connection with your use of the Service, including registration and payment information, is current, complete, and accurate, and you agree to update such information promptly as necessary.
11.2 Accounts & Security
To access certain features of the Service, including VIP Membership benefits, you can be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse, suspend, or terminate your account or your access to the Service at any time for any reason, subject to applicable law.
11.3 Limited License
Subject to your compliance with this Agreement and applicable law, Company grants you a non-exclusive, non-sublicensable, revocable, and non-transferable limited license to access and use the Service solely for your personal, non-commercial use in the manner intended by the Service.
This license does not authorize you to:
- Copy, reproduce, modify, adapt, translate, create derivative works from, or otherwise exploit any part of the Service except as expressly authorized in writing by Company;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software used in connection with the Service, except to the extent such restriction is prohibited by law; or
- Sell, resell, lease, rent, or otherwise commercially exploit the Service or any portion of the Service without Company’s prior written consent.
Upon termination of this Agreement or upon Company’s written request, this license terminates immediately and you must stop accessing and using the Service.
11.4 Prohibited Conduct
You shall not, and shall not attempt to, do any of the following in connection with the Service, whether directly or indirectly:
- Use the Service in any manner not authorized by this Agreement or in any manner that is unlawful;
- Provide false, misleading, or inaccurate information to Company or any third party;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Use any engine, software, tool, agent, script, or other device or mechanism (including spiders, robots, crawlers, or intelligent agents) to harvest, scrape, or collect data from the Service without Company’s prior written consent;
- Access or attempt to access any content or data not intended for you, or access any system or network without proper authorization;
- Probe, scan, or test the vulnerability of the Service or any associated system or network, or breach security or authentication measures, without proper authorization;
- Interfere with or disrupt the operation of the Service or any networks or servers connected to the Service, including by introducing malware, viruses, worms, or other harmful code;
- Forge, modify, or falsify any network packet or protocol header or metadata in any communication or posting;
- Modify, reverse engineer, or disassemble any part of the Service except as expressly permitted by law; or
- Engage in any activity that could disable, overburden, or impair the Service or interfere with any other party’s use of the Service.
11.5 Your Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Company and the Company Entities from and against any and all claims, actions, demands, causes of action, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use or misuse of the Service;
- Your violation of this Agreement or any applicable law or regulation;
- Your violation of any rights of any third party, including intellectual property, privacy, or contractual rights; or
- Any information or content you submit, upload, or otherwise make available through the Service.
12. Third-Party Services
The Service can reference, integrate, or provide links to third-party websites, platforms, services, content, information, goods, tools, or applications (collectively, “Third-Party Services”). Some Third-Party Services can have a relationship with Company; others cannot.
Company does not control and is not responsible for Third-Party Services. Company does not endorse, warrant, or make any representations regarding any Third-Party Services, including their accuracy, completeness, usefulness, lawfulness, or quality. You access and use Third-Party Services at your own risk and subject to any terms, conditions, and policies imposed by the applicable third party.
Company is not liable or responsible for any loss or damage resulting from your reliance on, use of, or dealings with any Third-Party Services.
13. Intellectual Property
Company, the Company name and logo, Company’s website domains, and all content, designs, text, graphics, images, software, audio, video, and other materials made available through the Service (collectively, the “Company IP”), excluding content owned by you or by third parties, are owned by or licensed to Company and are protected by intellectual property and other laws.
Your use of the Service does not grant you any right, title, or interest in or to the Company IP, except for the limited license set forth in Section 11.3. You agree that any goodwill in the Company IP generated as a result of your use of the Service inures to the benefit of Company and you hereby assign all such goodwill to Company.
You shall not, and shall not assist others to, challenge Company’s right, title, or interest in or the validity of the Company IP. All rights not expressly granted in this Agreement are reserved by Company.
14. State and Federal Subscription Law Disclosures
Federal law, including the Federal Trade Commission’s regulations regarding negative option features and the Restore Online Shoppers’ Confidence Act, requires clear and conspicuous disclosure of automatic renewal terms, affirmative consent to such terms, and simple and reasonable mechanisms for cancellation. Company structures its VIP Membership program and related disclosures with the intent to comply with these requirements.
In addition, various U.S. states and the District of Columbia have automatic renewal or negative option statutes that impose requirements for contracts with consumers. States with notable automatic renewal or negative option laws include, without limitation:
California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Maryland, New York, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.
These laws generally require clear and conspicuous disclosure of automatic renewal terms, affirmative consent to such terms, advance notice in connection with certain renewals or material changes, and a cancellation process that is timely, cost-effective, and easy to use. Several jurisdictions require that consumers who enroll online be afforded an online cancellation mechanism that is at least as simple as the method used to enroll.
Company presents automatic renewal terms near the point of purchase, obtains affirmative consent to such terms, provides post-purchase acknowledgment that includes key renewal information and cancellation instructions, and maintains cancellation mechanisms that are straightforward and accessible, including online cancellation where required.
15. Miscellaneous
This Agreement (including the Privacy Policy incorporated by reference) constitutes the entire agreement between you and Company regarding the Service and supersedes all prior or contemporaneous oral or written agreements on the same subject matter.
The language in this Agreement is interpreted in accordance with its fair meaning and not strictly for or against either party.
If any provision of this Agreement is declared invalid, void, or unenforceable by an arbitrator or Court of Competent Jurisdiction, that provision is deemed severed and does not affect the validity or enforceability of any remaining provisions.
A waiver by either party of any term or condition of this Agreement or of any breach in any instance does not constitute a waiver of such term or condition or of any subsequent breach.
You shall not assign, transfer, or sublicense this Agreement or any of your rights or obligations under this Agreement without Company’s prior written consent, and any attempted assignment in violation of the foregoing is null and void. Company can freely assign or transfer this Agreement without restriction. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.
No agency, partnership, joint venture, or employer–employee relationship is intended or created by this Agreement. Except where expressly stated otherwise, there are no third-party beneficiaries to this Agreement other than the Company Entities expressly identified as such.
The headings in this Agreement are for convenience only and have no legal or contractual effect.
Neither party is liable for any delay or failure to perform any obligation under this Agreement to the extent the delay or failure results from any cause beyond that party’s reasonable control, including, without limitation, acts of God, natural disasters, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
These Terms apply to the fullest extent permitted by applicable law. Depending on your jurisdiction, you can have additional rights or remedies that this Agreement does not expressly reference. This Agreement and any related offers are void where prohibited by law.
16. Contact Us & Billing Descriptor
If you have any questions regarding the Service or this Agreement, or if you need assistance with customer support or returns, you should contact Company through the Contact Us form on the website or using the contact information set forth below:
Phone: +1 (866) 984-7269
Email: help@upliftdeals.com
Address: 30 N Gould St Ste R, Sheridan, WY 82801
Charges from this website appear on your card or account statement under one of the following descriptors: “UPLIFT DEALS”, “UPLIFTDEALS.COM”, or “UPLFTDEALS”.