Set forth below are the terms and conditions that apply to www.getupanddate.com Website. As used herein, the term “www.getupanddate.com” refers to Get Up and Date, the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
1. Use of this Website is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using this Web site you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.
2. Get Up and Date™ may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, Get Up and Date™ will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. The posting of the modification will be the only notification you receive, therefore it is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
3. If you do not agree with the terms and conditions of this Website and do not wish to be bound by them, please do not use this Website or download any materials from this Website.
4. All information and materials on this Website are believed to be reliable. However Get Up and Date™ makes no representation, neither expressed nor implied, as to the accuracy, completeness, timeliness or reliability of the materials or information carried on this Website, you should assume all the risk and responsibility arising out of use or reliance on their Website. Get Up and Date™ expressly disclaims any warranties of merchantability or fitness for a particular purpose or against infringement.
5. Get Up and Date™ shall not be liable to you or anyone else for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, incidental, punitive, or other damages arising out of the use of or inability to use this website or any services offered on or in affiliation with this Website.
Copyright/Use of Materials Found on the Website:
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.
Marks indicated on our site are trademarks of Get Up and Date™ and Creating Irresistible Connections™. They may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Get Up and Date™.
License and Site Access:
Get Up and Date™ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Get Up and Date™ or unless that page explicitly allows redistribution (e.g. – personal essays and/or online dating profiles). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Get Up and Date™ or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Get Up and Date™’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Get Up and Date™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.getupanddate.com so long as the link does not portray Get Up and Date™, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Get Up and Date™ logo or other proprietary graphic or trademark as part of the link without express written permission.
All items purchased from www.getupanddate.com are sent through email. Get Up and Date™ will make every possible effort to deliver your order to you on time to your email address, but we cannot be responsible for technical difficulties related to the checking of your personal email account. We will make every effort to send your order to another email account specified by you if you encounter email difficulties.
Services and Products:
All products, services and event tuitions are non-refundable at the time of purchase. The client may rescind and cancel if Get Up and Date™ receives written notice of cancellation within 3 calendar days after purchase. After the 3-day rescission period, client may not cancel or receive a refund regardless of whether the client participates in the program or not. Due to the nature of digital products that are immediately fulfilled, the 3-day right of rescission does not apply.
Get Up and Date™ will seek to satisfy every customer in a reasonable way through extended customer service interaction. In addition, Get Up and Date™ does not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Communications and Content:
Visitors may send comments and other content; send other communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” If you do post content or submit material, and unless we indicate otherwise, you grant Get Up and Date™ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content subject to the Privacy Agreement. You represent and warrant that you own or otherwise control all of the rights to the content that you write; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Get Up and Date™ or its affiliates for all claims resulting from content you supply. Get Up and Date™ has the right but not the obligation to monitor and edit or remove any activity or content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Get Up and Date™ takes no responsibility and assumes no liability for any content posted by you or any third party.
All e-mail sent to the e-mail addresses of Get Up and Date™ becomes the property of Get Up and Date™. We reserve the right, but shall not be obligated to, publish any email message received, in whole or in part.
Parties other than Get Up and Date™ or its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Get Up and Date™ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Get Up and Date™ does not intend any such links to third-party web sites to imply sponsorship or endorsement thereof. Your use of such Websites is at your own risk and you should carefully review their privacy statements and other conditions of use.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Get Up and Date™’s express prior approval, contains advertising or any solicitation with respect to products or services.
You expressly agree that use of the Website and related services is at your sole risk. The Website, materials and related services are provided on an “as is” and “as available” basis. Get Up and Date™ makes no representations or warranties with regard to the Website or any materials there, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, Get Up and Date™ makes no representation that the operation of the website will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will Get Up and Date™ be liable for any loss or damage caused by your reliance on information obtained through the website, other than as required under applicable consumer-protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.
Limitation of Liability:
By availing yourself of the Website, Materials or related services, you agree to release and hold Get Up and Date™ harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of getupanddate.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Get Up and Date™ Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you.
This agreement will be governed and construed in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona, and any cause of action which arise from use of this Website or from interpretation of these terms and conditions must be filed in the state and federal courts located in Maricopa County, State of Arizona. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
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. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Phoenix, Arizona, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Get Up and Date™’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.