current policy effective as of February 24, 2020
TERMS OF USE
These Terms of Use (the “Terms”), in conjunction with our Privacy Policy constitute the entire Agreement between Upright Health, Inc., its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, and assigns (hereinafter referred to as “uprighthealth.com”, “we” “our” or “ours”) and you (hereinafter referred to as “you”, “the User”, or “your/s”), collectively referred to as “the Parties” and individually as “Party”. These Terms govern your use of the Website uprighthealth.com (the “Site”), as well as all related Services provided by Upright Health, Inc. (collectively referred to as the “Service”)."
As we may update these terms from time to time, we encourage you, to review the terms of use once in a while. If you disagree to our terms of use and/ or our privacy policy, please do not use our services. If you have any questions, please do not hesitate to get in touch with our support team [email protected].
The material presented on this website by Upright Health, Inc. is not intended to be a substitute for individual medical advice.
Use of this website, use of any of the programs for sale, and the performance of the exercises found on Upright Health.com is at your own risk – because that’s the only way it can be.
Nobody can take on the responsibility for what you do with your body. The risk is yours, and the rewards are yours as well.
In consideration of permission to use this website and all related materials, you agree to hold Upright Health, Inc., its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, and assigns from all such claims, demands, injuries, damages, causes of action, or liability in personal injury, accidents or illness (including death), and property loss arising from, but not limited to, those resulting from negligence, arising either directly or indirectly from your participation in, observation of, or use of the content of this website and/or the educational programs available for purchase.
Privacy and Communications
By accepting these terms of use and therewith our Privacy Policy, you acknowledge and agree that Upright Health, Inc. may send you e-mails related to your account and/or the Service you chose to use.
If we have proof or a good reason to believe that you undergo activities which are harmful to our reputation (listed or not listed above), we reserve us the right, here at Upright Health, Inc., to block your account until and unless we are credibly convinced that your actions do not opt or do not in any way tend to harm our reputation.
Some features of Upright Health, Inc.’s system enables you to connect with a third party. Any such connection includes the transfer of personal data from your uprighthealth.com account to the third party. Whenever such connection is created, and data will be transferred to a third party, we will inform you prior to that. A data transfer will occur only after you consent your approval of such and will follow the rules and regulations of our Data Privacy Policy. After approval, data will be transferred regularly to the third party. Please note that this transfer happens under your own responsibility.
Medical Information Disclaimer
Never rely on information on this website in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information in this Site or in the linked websites, or in applying the information to your individual case.
Upright Health, Inc. are not medical doctors and do not provide medical advice, diagnosis or treatment of any kind.
This site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through this site and linkages to other sites, Upright Health, Inc., provides general information for educational purposes only.
The information provided in this site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. Upright Health, Inc., is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.
We encourage you to continue visiting with and being treated by your primary care physician or health care provider for all true medical conditions. This site does not address medical conditions. You should not use any information provided to you on this site in place of a medical visit, consultation or advice by your healthcare provider. If you have any concerns or questions about your health at all, we always recommend you consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional. Nothing on this site is intended to be or to replace medical treatment.
Reliance on any information provided on this Site or any linked websites is solely at your own risk.
Subscriptions
For members of online programs with recurring payments, you may change or discontinue your account at any time.
We reserve the right to modify, suspend or terminate access to the service on our system, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
We reserve the right to change our fees at any time for any reason, but we will give you at least one month’s advance notice of such change.
Trademarks
Upright Health, the Upright Health logo, and “Pain sucks. Life shouldn’t.” are registered trademarks of Upright Health, Inc. All other servicemarks or trademarks that appear on this site are the property of their respective owners. Their appearance on this site does not imply endorsement of Upright Health’s services or products, nor does their appearance on this site imply endorsement of their services or products.
Disclaimer of Warranties
We at Upright Health, Inc. represent and warrant that:
- We will perform our Services with reasonable care and skill; and
- the Services and the Materials provided by us to you under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
The Services provided by Upright Health, Inc. are provided „as is“, and you use them at your own risk and at your own responsibility. Upright Health, Inc. disclaims all warranties, including without any limitation, the warranty of fitness for a particular purpose and the warranty of non-infringement.
Upright Health, Inc. . TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Upright Health, Inc. provide THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
We at Upright Health, Inc. do our very best to keep our website uprighthealth.com bug-free and safe, however, we do not warrant for continuous bug-free performances. Neither do we warrant or guarantee that our Services will be performed error-free, or virus-free at all times. By agreeing to these terms of service, you agree, not to make any claims based on our failure, irrespective or fault, to provide bug-free, error-free and/ or virus-free Services.
Limitation of Liability
In no event shall either party be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever arising out of this agreement, even if such party has been advised of the possibility of such damages.
With respect to the use of our Website, as a User of the Internet, you bear the risks associated with the use of the internet. With respect thereto, you will be solely responsible for any damage done to your computer or your data that results from your activity. In no event can Upright Health, Inc. be held liable for such damage.
Nothing in this Clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
Entire Agreement
This Agreement embodies the entire agreement of and between Upright Health, Inc. and you with regard to Service Level, and Service Provision, and no representations, warranties, agreements, understandings, verbal or otherwise, exist except as herein expressly set out.
Indemnification
You agree to indemnify, defend and hold harmless Upright Health, Inc. from all damages, liabilities, claims and expenses, including without limitation any occurring attorneys' fees and costs, arising from or related to your data, your use of the Service and/or any breach of these Terms by you. You further agree to defend, indemnify and hold harmless Upright Health, Inc. from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that your data or your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Force Majeure
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Place of Jurisdiction
This agreement is subject to the law of San Mateo County, California. In the event of a dispute related in any way to or arising from your use of our Website and/ or our Services, the dispute shall be resolved by the laws of San Mateo County, California.
Special Admonitions
With respect to the global nature of the Internet, you agree to comply with all applicable laws of your country of residence regarding the transmission of data exported from your own or another country.
Severability Clause
If any clause or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.
