These terms (“Terms”) govern your use of the UP & GO™ website, mobile application, any content (such as text, data, information, software, graphics or photographs) that the owners and operators of the UP & GO website or mobile application and their subsidiaries (collectively “UP & GO”) may make available through the website or mobile application (collectively, “Materials”) and any services that UP & GO provides through the website or mobile application (collectively, “Services”). The UP & GO™ website, mobile application, Materials and Services are referred to in these terms collectively as the “UP & GO™ Platform.” By accessing the mobile application, browsing or using this website, and/or using any Services provided, you agree to comply with these Terms.
Please review these “Terms” carefully before using the UP & GO™ Platform and/or any Services or Co-op Services (as defined below). By accessing, browsing or using the UP & GO™ Platform, you fully acknowledge that you have read, understood and agree to abide by these Terms and comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to access or use the UP & GO™ Platform.
Description of Services
The Up & Go Platform connects consumers to worker-owned cooperative businesses (“Co-ops”). Consumers can find and hire Co-Ops to perform a variety of personal services (such services, the “Co-op Services”). Through the UP & GO Platform, UP & GO also offers a service that facilitates the payment by consumers to Co-Ops via credit card or debit card.
Limitation of Services
The UP & GO Platform helps consumers find Co-Ops and coordinate Co-Op Services. Co-Op Services are performed by or through Co-Ops, not by UP & GO. Each Co-Op is responsible for compliance with all applicable employment and other laws in connection with any employment relationship (such as applicable payroll, tax and minimum wage laws). Further, UP & GO does not have control over the quality, timing, or legality of the Co-Op Services, or of the integrity, responsibility or actions of Co-Op employees. UP & GO does not refer or recommend Co-Ops or make any representations about the suitability, reliability, timeliness or accuracy of the Co-Op Services. UP & GO is not responsible or liable for any goods, services, actions or advertising provided by or through, any third party or Co-Op. UP & GO is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with Co-Op Services provided by a Co-Op. Your dealings with any Co-Op, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Co-Op exclusively and do not involve UP & GO.
Use of UP & GO™ Platform
You agree that you will not use any false, inaccurate or misleading information when registering to use the UP & GO Platform and promise that the information you provide to UP & GO is true, complete and accurate. You are responsible for all account activity. UP & GO may deny you access if your account is out of compliance with these Terms or any other regulatory requirements. You may not use the UP & GO™ Platform for any purpose that: (a) is unlawful or prohibited by these Terms, (b) solicits the performance of any illegal activity or other activity which infringes the rights of UP & GO or others, (c) includes defamatory, obscene, infringing or other unlawful material or information, (d) would allow participants or third parties to harm other users' computers or to inappropriately access data, software or websites, (e) to interfere or attempt to interfere with the proper working of the UP & GO™ Platform, any transaction being conducted on or through the UP & GO™ Platform, or with any other person's use of the UP & GO™ Platform, or (f) attempts to gain unauthorized access to any portion or feature of the UP & GO™ Platform, any other systems or networks connected to the UP & GO™ Platform or to any UP & GO server, or any of the services offered on or through, by hacking, password "mining" or any other illegitimate means.
You may not contribute content that contains software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have applicable rights to these materials.
Data Sharing Notice
By using theUP & GO™ Platform and accessing Services, you agree to the following: (a) you acknowledge that your name, email address and other contact details will be displayed and visible to Co-Ops through the UP & GO™ Platform; and (b) you have supplied this information to UP & GO as a potential consumer of Services and Co-Op Services offered or in connection with the UP & GO™ Platform. You acknowledge that UP & GO will process such information in connection with the UP & GO™ Platform. You will remain responsible for ensuring that the information you place into or otherwise provide in or through the UP & GO™ Platform is collected and transferred to UP & GO in accordance with applicable laws.
Risk of Unintended Access to Your Data
It is very important that you carefully follow the instructions provided and review your UP & GO™ Platform settings and permissions. You understand and agree that if you allow access to your account by someone you did not intend or fail to follow the instructions, you could cause your information (possibly including information you wish to remain confidential) to be disclosed to unintended third parties.
Data contained in, and provided by, the UP & GO™ Platform has been sourced from various internal and external sources. While care has been used to ensure accuracy, it is possible that errors may exist.
Member Account, Password and Security
You will receive a password and account designation upon completing the UP & GO™ Platform 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, including as a result of your failure to keep this information secure and confidential. You will (a) immediately notify UP & GO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you fully exit from your account at the end of each session. UP & GO cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
We may make certain features or functionality within or via the UP & GO™ Platform available to you on a beta basis. If you use these beta features or functions, you may only use them for evaluation purposes and for the period that we specify. We provide these beta features and functions on an “AS-IS” basis. Any beta features or functionality made available to you for evaluation do not constitute an implied commitment to offer to you or anyone such features and functionality as part of the UP & GO™ Platform on a generally available basis.
Ownership of UP & GO™ Platform
UP & GO and its licensors own and retain all right, title and interest in and to the UP & GO™ Platform, including all improvements, enhancements, modifications and derivative works thereof, and all Intellectual Property Rights therein. This includes any information that UP & GO collects and analyzes in connection with the UP & GO™ Platform, such as usage patterns, user feedback and other information to improve and evolve our products and services offerings. Your rights to use the UP & GO™ Platform are limited to those expressly granted in these Terms. No other rights with respect to the UP & GO™ Platform or any related Intellectual Property Rights are implied. For purposes of these Terms, “Intellectual Property Rights” means all worldwide intellectual property rights, including, without limitation, copyrights, trademarks, service marks, trade secrets, patents, patent applications, and moral rights, whether registered or unregistered.
Disclaimers and Warranties
Information on or available through the UP & GO™ Platform is not promised or guaranteed to be correct, current or complete, and the UP & GO™ Platform may contain technical inaccuracies, outdated information and/or typographical errors. UP & GO assumes no responsibility (and expressly disclaims responsibility) for updating the UP & GO™ Platform to maintain current information or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products, services or other matters described in or available through the UP & GO™ Platform. UP & GO provides no assurances that any reported problems will be resolved by UP & GO, even if UP & GO elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED ON OR AVIAILABLE THROUGH the UP & GO™ PLATFORM ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. UP & GO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UP & GO MAKES NO REPRESENTATION OR WARRANTY THAT THE UP & GO™ PLATFORM, OR ANY SERVICES OR MATERIALS PROVIDED BY OR AVAILABLE THROUGH SAME, WILL MEET YOUR REQUIREMENTS OR THAT the UP & GO™ PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT THE SERVICES WILL MEET (OR ARE DESIGNED TO MEET) YOUR REQUIREMENTS.
You will defend and indemnify UP & GO and its licensors against any third party claim arising from or relating to: (a) your content; (b) any infringement or misappropriation of any Intellectual Property Rights by you or users of your account; (c) violation of law by you; (d) your violation of these Terms, or (e) your use any third party content. UP & GO will (i) provide you with notice of such claim within a reasonable period of time after learning of the claim; and (ii) reasonably cooperate in response to your requests for assistance. You may not settle or compromise any indemnified claim without UP & GO’s prior written consent.
Limitation of Liability
IN NO EVENT WILL UP & GO OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE the UP & GO™ PLATFORM OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY OR AVAILABLE THROUGH SAME, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF UP & GO HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of these Terms becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the remaining provisions will remain in effect.
Exclusions and Limitations
The exclusion of certain warranties or the limitation or exclusion of liability for certain damages may not be authorized in some jurisdictions. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that UP & GO may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of UP & GO’s liability shall be the minimum permitted under such applicable law.
UP & GO may, in its sole discretion and without prior notice, terminate your access to the UP & GO™ Platform and/or block your future access to the UP & GO™ Platform if we determine that you have violated these Terms or any other agreement between you and UP & GO.