fbpx

Website Terms of Use

Terms and Conditions (“Terms”) is a legal agreement between you and Upstart Media LLC, a Florida Limited Liability Company (referred to herein as “Upstart Media,” “UpstartMedia.io,” or “Company”), governing your use of its services (as defined herein). By accessing the upstartmedia.io website (the “Website” or “Site”), and using the service, you are agreeing to comply with and be bound by these terms.

Additionally, when using the website and our services, you agree to abide by any applicable posted guidelines for all of the company’s services, which may change from time to time, and to comply with all applicable laws and regulations. If you object to any of the terms or conditions of these terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the company or the website in any way, you should immediately discontinue use of the website. These terms (as may be modified by upstartmedia.io from time to time) will remain in full force and effect as long as you are a user of the website, and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these terms, including any indemnifications, waivers, warranties, and limitations of liability.

YOU AGREE THAT BY USING ITS SERVICES OR WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

It is your responsibility to periodically review these terms. Company reserves the right, at any time, to change the terms by publishing notice of such changes on the website. Any use of the services by you after the company’s publication of any such changes will constitute your acceptance of these terms, as modified. You agree that the company is permitted to access and use any other information provided by you to perform the services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the services provided to you by the company.

 

Services

Upstart Media LLC may provide users with a wide selection of pricing options for various goods and services. Users may also participate in advertising campaigns, contests, take quizzes and surveys, use various services and products, including software and informational products and use information (“Services”) provided by Upstart Media LLC.

 

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings with the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Upstart Media LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Upstart Media customer support team at support@upstartmedia.io.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Upstart Media LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Upstart Media LLC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Upstart Media LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Failed Payments

We will charge your default card on file for your subscriptions, in case of any failed payments we would fall back to previous cards used with us for any product or services. In the case any of your cards on file are not able to successfully make the payment, your accounts would be Immediately be suspended until payment is made. Our billing system (Stripe) will continue to attempt to charge you for the payment until payment is made.

 

Fee Changes

Upstart Media LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Upstart Media LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Cancellations

You may cancel any subscription you have with us at any time. There is a 72 hour processing time to process all cancellation requests. If you request to cancel a subscription that is set to rebill within 72 hours of your cancelation request you will still be billed for that subscription.
If you would like to ensure that you are not billed again for the next billing cycle you signed up with, then please ensure you make the cancelation request more than 72 hours prior to your next billing cycle.

 

Refunds

Any and all Software Products or “ Monthly Subscriptions ” that are sold directly by or through Upstart Media LLC, its agency UpstartMedia.io, its affiliates, contract employees, interns, consultants, officers, direct employees, including but not limited to Affiliate Products, Coaching, Informational Products and Training Courses offered by Upstart Media LLC and Michael Yuhn, are NON REFUNDABLE. By signing up to any of these products you are acknowledging that they are NON-REFUNDABLE.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Upstart Media LLC has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Upstart Media LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Individual user accounts issued by or sold through Upstart Media LLC (on behalf of any Tier5 Software to), are hereby attached to Upstart Media LLC under Tier5 Partner Program, and further managed and supported by Upstart Media LLC, of which can be cancelled, suspended or terminated by Upstart Media LLC.

 

Termination

Upstart Media LLC may terminate a participant’s use of the services and destroy any data within the services if Upstart Media LLC deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that Upstart Media LLC may delete registration data and all related information as well as any data used by third-party services. Upstart Media LLC may also prohibit the user’s further access to the services, with or without prior notice.

 

Dealings With Merchants And Links

The services contain advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Upstart Media LLC is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, product, or services available from such sites.

The inclusion of any link on the services does not imply that we endorse the linked site. You use the links at your own risk. Upstart Media LLC Privacy Policy is applicable only when you are on our site. Once you link to another website, its privacy policy applies to any personal information you supply. Your transactions and other dealings with third party merchants or advertisers found on or through the services, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.

 

Consent To Future Communications And Email Offers

When participants use the services, they agree that Upstart Media LLC and or its marketing partners may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. Upstart Media LLC may share participants information with third parties for marketing purposes, unless participants opt out, as described in the Upstart Media LLC Privacy Policy.

Such communications from Upstart Media LLC may be transmitted to participants by (automatic) telephone calls, email offers, or any other method of communication. Please see the Upstart Media LLC Privacy Policy for information regarding Upstart Media LLC collection, use, and disclosure of this information https://www.upstartmedia.io/privacy-policy/. By using the services, the participant accepts and agrees to the Upstart Media LLC Privacy Policy, which is incorporated herein by reference. Participants further acknowledge and agree that any costs associated with receiving future marketing communications are the sole responsibility of the participant.

 

Registration Requirements

Participants attest that any personal information collected from the participants through the services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If Upstart Media LLC determines in its sole discretion that the registered information is not accurate or complete, then Upstart Media LLC is entitled to delete the participant’s data and prohibit the participant’s further use of the services.

 

Your Representations And Warranties

By accessing or using the services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these terms; (c) you have not previously been suspended or removed from the services; (d) you have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement; (e) you are not a competitor of company and are not using the services for reasons that are in competition with company or other than for the services intended purpose.

 

No Commercial Use License Grant

You hereby agree not to reproduce, copy, sell, resell, or use the services (or any part of it) or access to the services for commercial purposes. Company further grants each user a limited, revocable, non-exclusive license to access the site and its services in order to, as applicable, view or make legitimate inquiries to us regarding our services, all in accordance with these terms.

Any other use of the site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

 

Proprietary Rights

All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the services and website are the property of Upstart Media LLC or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without prior written consent of Upstart Media LLC.

The data, data feeds, content, organization, graphics, designs, and other material featured on upstartmedia.io or provided through the services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The copyrighted material is either owned by or licensed to Upstart Media LLC. It is forbidden to copy, sell, re-sell, reproduce, display, or use the copyrighted material without prior written consent of Upstart Media LLC. All rights are reserved.

 

Disclaimer Of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, UPSTART MEDIA LLC IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION. PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. UPSTART MEDIA LLC MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR UPSTART MEDIA LLC WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, FUNDMEO.COM, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.

 

THIRD-PARTY SERVICES DISCLAIMER

ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF UPSTART MEDIA LLC (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT UPSTART MEDIA LLC IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.

 

LIMITATION OF LIABILITY

UPSTART MEDIA LLC WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.

THE MAXIMUM TOTAL LIABILITY OF UPSTART MEDIA LLC TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS NOT MORE THAN $100 US DOLLARS. UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF UPSTART MEDIA LLC FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the services, (ii) any content you provide or transmit through the services, (iii) your conduct in connection with the services or our users, (iv) your violation of any of the terms of this agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.

Use of UPSTART MEDIA LLC, upstartmedia.io, 10xmyleadgen.com, 10xleadgensecrets.com, leadgenhackr.com, marketinghacks.com, automationhackr.com, subdomains OR THE SERVICES OUTSIDE OF THE UNITED STATES

Upstart Media LLC and the services are intended for use within the United States, if not explicitly stated within contest rules provided. International use can only be considered if such contest rules include use outside of the United States. As per the registration requirements listed in these Terms and Conditions, there are some states within the United States that are limited from participation. If participants from locations outside of the United States or within states and territories that are void of participation (see the Registration Requirements above), then those participants chose to participate in the services or access any of the content on Fundmeo.com or Third-Party Services at their own risk. Participants accept all risk associated with use of the services and assume to comply with the laws and regulations within their own jurisdictions.

 

Arbitration of Disputes

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in the state of Florida. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.

 

Waiver of Class Action rights

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

 

DMCA Compliance

Company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintains a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

General

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. This agreement is not assignable, transferable or sub-licensable except with company’s prior written consent. This agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of law’s provisions thereof. Both parties agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this agreement, and you do not have any authority of any kind to bind the company in any respect whatsoever. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control. You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law. TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF FLORIDA, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.