Terms of Service

1. ACCEPTANCE OF TERMS

The membership on Upsurge Now (including all types where you have an account and can login) is a property of Upsurge Now which provides website services to you subject to the following Terms of Service, which may be updated from time to time without notice. You can review the most current version of the Terms of Service any time at: https://upsurgenow.com/terms-of-service/. In addition, when using any particular Upsurge Now services, you shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated into the Terms of Service.

2. DESCRIPTION OF SERVICE

Upsurge Now provides members with access to a collection of resources and personalized content hereafter referred to as “Access” or the “Service”. You understand and agree that Access may include certain communications from Upsurge Now, such as service announcements, administrative messages, and newsletter(s), and that these are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Access, including the release of new Upsurge Now properties, shall be subject to the Terms of Service. You understand and agree that Access is provided “AS-IS” and that Upsurge Now or Jeremy Smith assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to have and maintain Access. Upsurge Now and Jeremy Smith are hereafter referred to collectively and individually as “WE”, “US”, or “OUR”.

3. REGISTRATION OBLIGATIONS

In consideration of your using Access, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Access’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Upsurge Now has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Upsurge Now has the right to suspend or terminate your account and refuse any and all current or future use of Access (or any portion thereof).

4. PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at https://upsurgenow/privacy-policy. You understand that through your use of Access you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Upsurge Now or Jeremy Smith.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY

You will create a password and account designation upon completing the Access registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Upsurge Now of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Upsurge Now or Jeremy Smith cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Additionally Access is allowed for one internet capable device at a time. Users who login to Access on more than one device or internet browser or other access means will have their Access session terminated on the other Access point.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Upsurge Now or Jeremy Smith, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Access. WE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will WE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an Upsurge Now official, Jeremy Smith, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt Access or servers or networks connected to Access, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
“stalk” or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above under the heading “You agree to not use the Service to:”.

You acknowledge that WE may or may not pre-screen Content, but that WE and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via Access. Without limiting the foregoing, WE and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that WE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Upsurge Now or Jeremy Smith, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of Access, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that Access and software embodied within Access may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Upsurge Now and/or content providers who provide content to Access. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Access, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS ON OUR NETWORK

When you register, you acknowledge that in using Upsurge Now services to send electronic communications you will be causing communications to be sent through OUR computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of OUR network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.

Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate and international data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ACCESS

WE does not claim ownership of Content you submit or make available for inclusion on Access, however, with respect to Content you submit or make available for inclusion on accessible areas of Access, you grant US and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

* With respect to photos, graphics, audio, or video you submit or make available for inclusion on accessible areas of Access, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on Access. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or WE removes such Content from Access.

* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of Access, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Accessible” areas of Access are those areas of OUR network of properties that are intended by US to be available to the members of the site, gained through Access, or the general public.

10. INDEMNITY

You agree to indemnify and hold Jeremy Smith, Upsurge Now and its Affililiate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

11. NO RESALE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of Access (including your membership ID), use of Access, or access to Access.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that WE may establish general practices and limits concerning use of Access, including without limitation the maximum number of days that uploaded Content will be retained by Access, the maximum number of email messages that may be sent from or received by an account on Access, the maximum size of any email message that may be sent from or received by an account on Access, the maximum disk space that will be allotted on OUR servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Access in a given period of time. You agree that WE have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Access. You acknowledge that We reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WE reserves the right to modify these general practices and limits from time to time without notice. You further acknowledge that Access is granted to one user account per instance per sessions per one time, and that one user account may not be logged in or granted Access more that once per any given moment of time.

13. MODIFICATIONS TO SERVICE

WE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Access (or any part thereof) with or without notice. You agree that WE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Acess for any reason.

14. TERMINATION

You agree that WE may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Access for reasons that include, but are not limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to Access (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Access. Or for any other reason, unequivocally, at the discretion of US, and without prior notice. Termination of your account includes (a) removal of access to all offerings within the Access, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of Access. Further, you agree that WE shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Access.

15. DEALINGS WITH OTHER MEMBERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or other members found on or through the Access, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or members. You agree that WE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or members on the Access.

16. LINKS

The Access may provide, or third parties may provide, links to other websites or resources. Because WE have no control over such sites and resources, you acknowledge and agree that WE are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. PROPRIETARY RIGHTS

You acknowledge and agree that the Access and any necessary software used in connection with the Access (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Access or by advertisers or members is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by US, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Access or the Software, in whole or in part.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF ACCESS IS AT YOUR SOLE RISK. THE ACCESS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JEREMY SMITH, UPSURGE NOW, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. JEREMY SMITH, UPSURGE NOW AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE ACCESS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACCESS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACCESS WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACCESS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JEREMY SMITH OR UPSURGE NOW OR THROUGH OR FROM THE ACCESS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ACCESS. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ACCESS. IMMEDIATELY DISCONTINUE USE OF THE ACCESS AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ACCESS: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JEREMY SMITH, UPSURGE NOW, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR WE HAVE ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The Access is provided for informational purposes only, and neither the Access nor the Content included in the Access is intended for trading or investing purposes. WE and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Access, and shall not be responsible or liable for any trading or investment decisions based on such information. The use or following or application of data or Content is at your sole discretion, and you understand that WE are not and will not be liable or responsible for the outcome of using or adapting for use or applying any of the data you find through Access or the Content.

22. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.

23. NOTICE

WE may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on the Service. That we do not or if we do not provide you with notice for changes does not then make us liable for said changes. It is your responsibility to read and stay updated on the current Terms of Service, as they may change without warning or notice, and we are may not inform you of any such changes. Your use and continued use of Access acknowledges you understand this Section 23.

24. TRADEMARK AND COPYRIGHT INFORMATION

All logos, product, content produced by US and service names related to these Terms of Service are trademarks of US (the “Upsurge Marks”). Without OUR prior permission, you agree not to display or use in any manner the Upsurge Marks.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

WE respect the intellectual property of others, and we ask our users to do the same. WE may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide US the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:

a. a description of the copyrighted work or other intellectual property that you claim has been infringed;

b. a description of where the material that you claim is infringing is located on the site;

c. your address, telephone number, and email address;

d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to Upsurge Now IP agent:

By email:

support@upsurgenow.com

26. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitutes the entire agreement between you and US and governs your use of the Access, superseding any prior agreements between you and US with respect to the Access. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Upsurge Now services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and US shall be governed by the laws of the State of California without regard to any principles of conflicts of law. You and US agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Sacramento, California.

Waiver and Severability of Terms. The failure of US to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Upsurge Now account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Access or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of these TOS to support@upsurgenow.com