Terms and Conditions

Terms and Conditions
(V1.0 January 1, 2011)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site, ii) purchasing any products or services from The Uplift and LCM Associates, LLC and betheuplift.com and wearetheuplift.com (“COMPANY”) or iii) utilizing any of the products or services from COMPANY through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from COMPANY, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.

The COMPANY’s Privacy Policy and California Privacy Policy are incorporated into this Agreement.

I. GENERAL TERMS & CONDITIONS
II. User Public Forum Submission/Participation Policy and Terms
III. Special Notes with regard to Product and Service Purchases
IV. Product and Service Purchase Agreement / Refund Policy

I. GENERAL TERMS & CONDITIONS

a)Scope of Terms and Conditions

These Terms and Conditions apply to your use of all of the website at http://www.betheuplift.com.com as well as any of its sub-domains and related domains such as http://www.wearetheuplift.com (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.

b) Restrictions on Use

The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.

You must abide by all additional copyright notices or other restrictions contained in any of the Site.

You agree not to do any of the following while using the Site:

harass, stalk or otherwise abuse another user;
transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
violate any applicable local, state, federal or international law, rule or regulation.
c)Links

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.

Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E – mail to info [at] betheuplift [dot] com We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.

THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

d) Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

e) No Personal Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

f) Parental Permission; Minimum Age Requirement

This Site is not directed to persons under the age of 13. The sale of any of the SiteÂ’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Site to be over 13 and all purchasers of COMPANY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.

g) MEMBERSHIP FEES

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice to you.

h) COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by U.S. and international copyright laws.

i) TRADEMARKS

The COMPANYs name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANYs trademarks and trade dress may not be used in connection with any product or service that is not COMPANYs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.

j) CONTACTING US

The address and phone number for the COMPANY is:

The Uplift

35 D Danbury Rd

New Milford, CT 06776

You can reach our customer support by emailing us at info [at] betheuplift [dot] com .

For cancellation of a subscription, submit a cancellation request by emailing info [at] betheuplift [dot] com

For cancellation of a subscription, submit a cancellation request by emailing info [at] betheuplift [dot] com

Privacy matters can addressed to us by emailing us at info [at] betheuplift [dot] com

II. User Public Forum Submission/Participation Policy and Terms

a) General:

As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COMPANY has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

b) Your Participation/Contribution Requires Consideration:

Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).

c) Confidential Obligations:

You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COMPANY has required you to preserve as confidential.

d) Grant of Rights:

To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of COMPANY or other information you are required to preserve as confidential by COMPANY, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.

e) No Obligation to Monitor:

COMPANY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANYs sole discretion.

f) No Obligation to Remove:

COMPANY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.

g) No Endorsement:

COMPANY does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

h) Company’s Right to Act:

If COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. COMPANY will have no liability or responsibility for performance or non-performance of such activities. COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which COMPANY has absolutely no control.

III. Special Notes with regard to Product and Service Purchases

a) Shipping Methods

Products shipped by COMPANY, Inc. (“COMPANY”) may be shipped by UPS Standard or by any other method in the discretion of COMPANY. A shipping charge will be imposed.

Orders shipped to PR will have a 6.6% duty tax.
All orders require at least 24-48 hours processing time before shipping.
COMPANY does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
COMPANY does not guarantee same day shipping.
All orders shipped within CA will be charged sales tax.
Exact delivery times to any location cannot be guaranteed.
b) Sales Tax

Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area’s tax rate.

c) Duty Tax

Orders shipped to PR will have a 6.6% duty tax applied. Exact delivery times to PR cannot be guaranteed.

d) Product listings

COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from COMPANY are provided as resources to customers looking for additional information and/or professional opinion. COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites.

e) Product Revisions

COMPANY is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases COMPANY acts as a distributor for others. In the interest of our customers, COMPANY puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, COMPANY relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, COMPANY will not be held responsible for product revision changes.

IV. Product and Service Purchase Agreement

By accepting delivery of any product or service delivered from COMPANY, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and COMPANY agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from COMPANY.

a) Product Issues

If you have problems or concerns regarding the Company or your purchases, you may email us at info [at] betheuplift [dot] com

b) Refund/Return Policy

We offer a 30 day refund/return policy, no questions asked. You may request a refund within 30 days of purchase. You must contact us by submitting a request by emailing us at info[at]betheuplift[dot]com within 30 days of your purchase. If you purchased a physical product that we shipped to you, you may be required to return the entire product back to us before we process your refund.

c) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.

COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

d) LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

e) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:

Customer acknowledges that the products and services sold by COMPANY are the confidential and proprietary information and property of COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of COMPANY, even if for free.

Customer agrees that no one may use these products and/or services in any manner without the written approval of COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of COMPANY by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that you have an obligation to protect and maintain as confidential.

Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from COMPANY.

e) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS.

By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on as betheuplift.com, http://www.wearetheuplift.com, you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.

You acknowledge and understand that you can cancel anytime by contacting customer support by submitting a cancellation request at info[at]betheuplift[dot]com

f) GENERAL TERMS AND CONDITIONS

1.Payment Terms; Orders:

An order is not binding upon COMPANY until it is accepted; COMPANY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with COMPANY. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

2. Shipping Charges:

Your total cost for purchase of any product will include shipping and handling charges shown on the COMPANY invoice.

3. Title; Risk of Loss:

COMPANY will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier. COMPANY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow COMPANY to sign appropriate documents on your behalf to permit COMPANY to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. COMPANY will advise you of estimated shipping dates, but COMPANY will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

4. Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between COMPANY and yourself shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Diego County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COMPANY that is more than one year after the date of the applicable invoice.

5. Severability:

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

6. Waiver:

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

7. Entire Agreement:

These Terms and Conditions (along with the incorporated California Privacy Policy and Privacy Policy) are the complete and exclusive agreement between the COMPANY and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the COMPANY and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

NEW ADDITIONS:

 

Our content, podcasts, blog posts, emails, courses and broadcasts is provided for entertainment purposes only and should not be considered personalized investment advice. Trading stocks and all other financial instruments involves risk. You should not make any investment decision solely based on what you hear.

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Legal Notices: LCM Associates, LLC (The Uplift) is a publishing company and the indicators, strategies, reports, articles and all other features of our products are provided for informational and educational purposes only and should not be construed as personalized investment advice. Our recommendations and analysis are based on SEC filings, current events, interviews, corporate press releases, and what we’ve learned as financial journalists. It may contain errors and you shouldn’t make any investment decision based solely on what you read here. It’s your money and your responsibility.
Readers should be aware that trading stocks and all other financial instruments involves risk. Past performance is no guarantee of future results, and we make no representation that any customer will or is likely to achieve similar results.
Our testimonials are the words of real subscribers received in real letters, emails, and other feedback who have not been paid for their testimonials. Testimonials are printed under aliases to protect privacy, and edited for length. Their claims have not been independently verified or audited for accuracy. We do not know how much money was risked, what portion of their total portfolio was allocated, or how long they owned the security. We do not claim that the results experienced by such subscribers are typical and you will likely have different results.
Any performance results of our recommendations prepared by The Uplift are not based on actual trading of securities but are instead based on a hypothetical trading account. Hypothetical performance results have many inherent limitations. Your actual results may vary.

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At The Uplift we appreciate the trust our readers put in us, and we are committed to earning your trust by:
Complete transparency. We have strict corporate rules that forbid our editors from owning the stocks they recommend. All other members of our staff must wait 24 hours after any recommendation is published online or 72 hours after the mailing of a print-only publication to buy a security recommended in our pages. We also forbid any employee from accepting gifts or money from the companies we cover. And we do not accept any kind of advertising or fees from any company whose securities we have recommended.
Honoring our guarantees quickly and without question. We have a team of trained men and women who answer your calls. These folks are located right in our home office, in Connecticut. If you are ever not happy for any reason, call us.
Because we are publishers and not financial advisors, we do not provide personalized investment advice tailored to your personal situation. We make specific recommendations, but those should not be construed as personal investment advice. Also, please keep in mind that our Customer Service department is trained to only answer questions about your subscriptions. They cannot answer questions about our research, or your investments.
Since our newsletters are public, some of the particular strategies or recommendations may not be appropriate for you.
Investing, of course, also involves risk. The amount of investment risk varies among the newsletters we publish. Some are conservative, some aggressive. Some of the investments you will see recommended in our pages will cause losses. Past results never guarantee future returns—and our work cannot be and is not guaranteed. You are responsible for your own investments. Caveat emptor applies, at all times, to the investment research we sell.
At The Uplift, we are diligent in citing sources and checking facts. Still, we cannot guarantee that we won’t occasionally print information that is unintentionally inaccurate in some way. You should always double-check any important financial information, such as stock prices or balance sheet facts, before making final decisions. We do our absolute best to never make errors, but we are not responsible for any losses you may suffer as a result of errors.
Some of the strategies we endorse in our pages may not be legal where you live. Or they may have tax consequences that are unknown and unanticipated by our analysts. We urge all subscribers to consult with licensed brokers and asset managers for questions regarding investments.
In much of our work, we use “price limits,” which means buying a stock below a certain price, or selling it above a certain price. This information is frequently critical to our specific recommendations. Never rely on our advertisements for financial information. Always consult the most recent editions of our publications for the current status of any recommendation.
Many of our publications also contain “model” portfolios that attempt to approximate the results a subscriber may have obtained by following the strategies and the recommendations discussed in the publication. We do not make any claim that our subscribers will achieve results that are even approximate to these examples. The model portfolios serve only to track the hypothetical results of a newsletter recommendation at the time it is made, not an actual portfolio.
All of our publications are copyright protected.
We kindly ask that you not reproduce, distribute, transmit, disseminate, sell, publish, display, broadcast, circulate, photocopy, or forward any part of any of our publications, reports, emails or websites to anyone, including but not limited to: colleagues in your office; family members; or your professional representatives, such as your broker, without the express prior written consent of The Uplift.
Software has been installed on our web servers, and will be in installed on your Internet browser when you login, that will let us know if you have shared your password with another user. Software also enables us to determine if you share our copyrighted materials via email, or if you make multiple copies of our newsletters. Any such digital proof that a subscriber has violated this user agreement will result in the immediate termination of their subscription, without a refund.
In other words, we take our copyright seriously. We will bring legal action to ensure our rights are respected by all subscribers, at all times, in all countries. The Copyright Act imposes a fine of up to $150,000 per issue for infringement—no exceptions.
We hope that you enjoy and benefit from our work, and look forward to doing business together for many years to come.

The Uplift’s Rules – Terms of Use & Conditions of Sale
Welcome to The Uplift! We hope you’ll enjoy being a part of our community — such as betheuplift.com, our subscription newsletters and their special websites, our discussion boards, and whatever else we come up with (each a “Service,” and collectively, the “Services”). But first things first: By using the Services, you’re agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 10. These Terms govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of The Uplift and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.
Some Services are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion.
2. Premium Services
When subscribing to a premium Service such as one of our newsletters, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee.  BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.
You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, The Uplift reserves the right to cancel your subscription.
We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.
Unless stated otherwise, membership to any Service is for online and/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the U.S./APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of The Uplift.
Our Services generally deliver their content via email including trade alerts or recommendations, recent actionable investing guidance, Best Buys Now, and other important stock news. There is no opt-out choice available for these emails (unless you cancel your subscription).
Trial Terms, Automatic Billing and Cancellation Policy
Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given six-month period unless otherwise stated in the offer.
Upon signing up for a free trial, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don’t cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process. You may contact Member Support at info@betheuplift.com to terminate your trial enrollment.
Your membership will automatically renew at the then-current rate, until you notify us of your decision to terminate your membership. Most subscriptions will renew for one-year terms, regardless of the offer under which that that subscription started. Of course, we will email you about the length and price for your renewal before we charge you. If you would like to turn off automatic renewal, or extend your subscription for additional years, please contact Member Support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. If you provided more than one card, the first card on file will be used.
The Uplift reserves the right to increase a Service’s fees or institute new charges upon reasonable notice. Service fees are due in advance.
Refunds
Different Services (and sometimes specific offers) have different refund policies (including some that offer no refunds).  Please review the specific terms of your offer before signing up as you are agreeing to be bound those terms. If you are unsure of your cancellation rights, please contact Member Support.
Please note that most refunds are only available to first-time subscribers.  If you subscribe to a Service that allows for refunds beyond 30 days, and cancel (and receive a refund) and then subscribe again, you will not receive a refund after the first 30 days.
From time to time, The Uplift offers its premium services through third-party vendors. In such cases, the vendor’s refund policy would apply and may differ from your Service (or specific offer).
Transfer; Discontinuing a Service
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In the event that we discontinue a Service, you agree that The Uplift may transfer your subscription to another Service of equal or greater value.
3. Additional and Third-Party Terms of Use
Please note that certain individual Services or products may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service before subscribing.
Some portions of our site use Google Maps APIs, or other Google APIs. If you use those parts of our site, you are also bound by the Google Terms of Service. If you do not wish to be bound by these terms, or any of the terms contained within these Rules, please do not use our site.
6. Intellectual Property
All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of The Uplift and/or providers of the content under license. By “Content” we mean any information, mode of expression, or other materials and services found on The Uplift. This includes message boards, blogs, picks, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 1995-2018 [or whatever the current year is] The Uplift. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without The Uplift’s prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.
You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks, and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don’t do it.
Please note that notwithstanding the foregoing, when you post content (such as a message-board post), you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that The Uplift has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don’t want us to use or republish your content, then please don’t post it on our websites. We’ll only republish your content in context, and we’ll credit you as author (unless we’re using small quotations). We won’t republish your posts in advertising without your permission. And we promise not to mock you unless it would amuse us.
We also ask that you only upload or include on our Services materials you have the right to use. While we don’t mind if Peter Parker posts photos he’s taken on our platform, we do ask that he not repost images he’s already sold or licensed to The Daily Bugle. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify us.
You agree not to display any of The Uplift’s trademarks or use them in any manner without our express written permission. You can find the list of our trademarks here.
7. Conduct
The Uplift champions active and open debate among our members. All we ask is that it’s done in a lawful and civil manner — be it posting on our boards, commenting on blogs or articles or using our system to contact a fellow member in any way.
Accordingly, you agree to use The Uplift for lawful purposes only. You may not use or allow others to use your The Uplift membership to:

• Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you don’t have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Post, transmit, or link to sexually explicit material;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
• Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
• Offer, sell, or buy any security;
• Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
• Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
• Take any action that damages or disrupts the functioning of our systems or Services.

Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
The Uplift may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to a Service. In the event The Uplift terminates your premium Service, you will receive a prorated refund at our discretion.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.
If you see something that you feel is a violation of the The Uplift’s rules, please notify us by emailing info@betheuplift.com.
8. No Personalized Advice
We want to help you make money. However, The Uplift is not in the business of rendering personalized investment advice. We can’t know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.
The Uplift may partner with third parties in order to make buying our Services’ recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.
Affiliates of The Uplift provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates’ holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.
9. You Bear Responsibility for Your Financial and Investment Decisions
One of the principal tenets here at The Uplift is that the best person to handle your finances is you. By your use of our Services, you’re agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Uplift, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
10. Disclaimer of Warranties and Liabilities
Please read The Motley Fool’s Disclaimer, which is incorporated herein by reference.
The Uplift provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, a Fool Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.
The Uplift does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, The Uplift makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we’ll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong, stupid, or even foolish (with a small “f”).
Now what does all this mean? It means that you agree that under no circumstances will The Uplift, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our Services. This disclaimer of liability does not apply in New Jersey.
The Uplift relies on various sources of information that we believe to be accurate and reliable. There are also literally thousands of contributors here — most, we believe, with incredibly interesting and insightful information and opinions to share. But we can’t and won’t take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by The Uplift is to be used on an “as is, with all faults, we’re not perfect” basis.
Obligatory Capitalized Disclaimers of Liability:
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE UPLIFT NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
That was tiresome, but important.
11. Communication
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by emailing us and requesting a general counsel mailing address.
12. Dispute Resolution by Binding Arbitration and Class Action Waiver
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email info@betheuplift.com with your concern and The Uplift will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. You will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
EXCEPTIONS
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
OPTING OUT
You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at The Uplift, 35 D Danbury Rd, New Milford, CT, 06776, Attention: Legal Department. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
13. Your Agreement to These Terms
You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.
14. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Connecticut (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Litchfield County Court or the appropriate Connecticut court.
Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.
Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and The Uplift and govern your use of our sites.
Last Updated: May 7, 2018

TOS II DISCLAIMER

The Uplift Disclaimer
The Uplift: Watching Out For Your Money
The Uplift is a training and education company and some of our content is designed to help readers obtain financial information and discuss ways to make investment and personal financial decisions. This information is sometimes provided by our staff and sometimes by other contributors, many of whom use anonymous screen names and are people we’ve never met.
The Uplift recognizes that while we have tons of great stuff in this forum, people sometimes post messages in our folders or make statements in our chat rooms that are misleading, deceptive, or downright wrong. They may do this unintentionally or, sad to say, intentionally. The U.S. Securities and Exchange Commission recognizes this and has published information on various Cyberfraud that they have seen. FINRA has provided its own insights into how to invest carefully in this new, electronic world and NASAA also provides tips on how not to fall prey to online investment schemes. The SEC, FINRA and the NASAA maintain outstanding websites at http://www.sec.gov and http://www.finra.org, and http://www.nasaa.org respectively.
Treat the contributors here the same way you’d treat anyone you’d met for the first time at a party. This is important because anyone can show up to our party: no invitations are required. You shouldn’t make an investment just because some stranger (or even a friend) talks it up; you shouldn’t treat cyberspace any differently.
The fundamental concept is that you should NOT rely upon the information or opinions you read. Rather, you should use what you read here as starting points for doing independent research on companies and investing techniques. Then judge for yourself the merits of the material that has been shared in our forum.
The Uplift does not guarantee the veracity, reliability or completeness of any information provided in our forum or in any hyperlink appearing on our site. No one could read through the thousands of messages we receive each day, check out all the hyperlinked web sites, and research each one for accuracy. That isn’t why we’re here. Nor are we here to give you hot “tips,” to make “buy” or “sell” recommendations, or to tell you what to do with your money. We’re here to help you to learn how to make investment and personal finance decisions for yourself, and to have fun.
You are responsible for your own investment decisions. The Uplift will not be responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. The Uplift will not be liable for any loss or damage caused by a reader’s reliance on information obtained in our area, or in a hyperlinked area. If you don’t accept this responsibility for yourself, then you should not use The Uplift.
If you ignore our advice to do independent research of industries, companies, and stocks, choosing instead to trade solely on information, “tips,” or opinions found in our forum, you have made a conscious, willing, free, and personal decision to do so. You have also probably made a mistake.
As cyberspace develops, the freedom and openness from which we all profit can make us the target of touts, hypesters, and frauds. These people could infect our forum, just as they infect other parts of the world. Please proceed with caution and do your homework. And remember: when you access one of these hyperlinked web sites, you’re leaving our area so be wary of those who post hyperlinks to strange web sites.
Data and Analysis
In the material and data that we make available in our forum, we rely on a wide variety of sources, such as S&P Comstock, Hoover’s and NewsAlert. We believe these sources of data to be accurate and reliable, but sometimes they may not be. The Uplift makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is The Uplift liable for any errors or delays in the content or transmission of the data on our site. We promise not to lie to you, but we reserve the right to be wrong, stupid, or even foolish (with a small “f”).
Terms of Service Violations
If you have been harassed in any manner that you feel is a violation of our Terms of Service it is your obligation to notify us of the offending post(s). Please contact info@betheuplift.com for that purpose. If you are unfamiliar with Terms of Service, please read them.
Please read the Terms of Service. For trademark and copyright information, please see the “Stuff We Own” page.

TOS III
The Uplift (LCM Associates, LLC) publishes information that is educational in nature and designed to contribute to your overall understanding of business, personal development, various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money.
We at The Uplift are not Financial Advisors or Registered Analysts. We do not offer our trading ideas as recommendations for you to copy. These trading ideas represent our own opinions and are intended to teach our style of short-term trading. We are also in no way representing that similar results will be achieved by following our ideas. In addition, we include as part of our disclaimer information that is required by the NFA in reference to back-tested trading systems as well as hypothetical track records, which is as follows:
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs.
Trading of futures, may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
By accepting this disclaimer you are acknowledging the risks involved in trading the futures markets and are also acknowledging that you, the subscriber, and not The Uplift are solely responsible for any losses, financial or otherwise, as a result of using this service. The Uplift shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that The Uplift will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold The Uplift harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees of The Uplift may or may not have positions in the educational picks posted to the site through its newsletters or in the trading rooms. In addition, hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.
Shipping, Return and Refund Policy
Shipping and Fulfillment are provided by The Uplift and if you are not entirely satisfied with your purchase, we’re here to help.
Use of Rockwell Trading Products and Services
Purchaser of any The Uplift or associated course, DVD, CD ROM, software, book, or other product hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue.
Purchaser may not resale any The Uplift product via eBay, any other online auction site, nor any online classified forum nor any other resale venue of any kind.
Subscription Services
When signing up for any of our subscription services, your credit card will automatically be charged on each and every monthly anniversary date until you decide to cancel your subscription. You must cancel the day before your renewal to escape any charges placed on your account. If you cancel the day of your renewal you will need to contact us in order to void the transaction, but you will see it will automatically deduct on the date of your renewal. We honor all cancellation requests. If you choose to continue, payment for the appropriate services will be made by automatic credit card debit. Once you are an active member, your account will be renewed automatically each month. Unless and until this agreement is canceled by email, you are authorizing The Uplift to charge your credit card to pay for the ongoing cost of membership. We absolutely and positively honor all cancellation requests. There are no contracts or time obligations associated with our service.
Subscriptions may be canceled at any time by either party. These cancellations must be made via telephone. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from The Uplift and if your request is not answered in 3 business days, you will need to call us and confirm cancellation.
If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy our buys and sells, you are doing so at your own risk. We’re not recommending that anyone copy us, and believe that all investors should make their own decisions. We are here to teach by example, through our successes and mistakes.
You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by The Uplift.
We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access to The Uplift, without refund or recourse:
1. Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
2. Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
3. No advertising, trading of goods or services, or other commercial use is allowed in our forum and or trading rooms.  No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms.
4. Please use your own name when posting to the discussion forum and trading rooms. Do not impersonate anyone else.
5. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
6. Please avoid shouting (using all capital letters) in the discussion forum and trading rooms.
7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forum and trading rooms. Do not libel or defame others. Rockwell Trading strongly disapproves flaming.
8. When you post content on our sites/pages, you permit The Uplift to display and distribute the content, and to use it for advertising and promotion. You grant to The Uplift the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on The Uplift forum and trading rooms, but The Uplift has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not The Uplift. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of The Uplift, which reserves all rights .
Limitation of Liability
The Uplift PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THE UPLIFT SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE UPLIFT FORUM AND TRADING ROOMS AND THAT YOUR USE OF THE UPLIFT FORUM AND TRADING ROOMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE UPLIFT FORUM AND TRADING ROOMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. 
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THE UPLICT DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THE UPLIFT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THE UPLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
Web Site Terms Of Use Last Updated on 08/22/2017