Upnetic® Terms of Service
This Terms of Service Agreement (the “Agreement”) is by and between Upnetic®, a DBA of FTSBN, Inc., and the person acknowledging this agreement. By using the content and/or services presented on this website, the user is acknowledging his/her acceptance of the terms stated in this Agreement. This Agreement covers both member and non-member use of the Upnetic® site, including any content or services accessible through such site. Upnetic® may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through this site may be subject to your acceptance of separate agreements with Upnetic® or third parties.
General Terms and Conditions
You acknowledge and agree that use of any content or service provided through this site is entirely at your own risk. Services and content are provided “as is,” without warranty of any kind, either express or implied, and Upnetic® and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Upnetic® does not warrant that the service will be free of downtime. In fact, it is expected that there will be periods when the web site will be inaccessible due to maintenance or technical problems. Upnetic® does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Upnetic® warrant access to the Internet or to any other service or content through the service. The entire liability of Upnetic® and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer/member for the related services or content purchased from Upnetic®, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, Upnetic® and its affiliates, licensors, third-party content or service providers, distributors, dealers or suppliers (“representative”) are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Upnetic® or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. Some states do not allow the limitation and/or exclusion or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the bargain between Upnetic® and you. Upnetic® would not be able to provide its content and services to you without such limitations. If you are dissatisfied with any portion of the service or content, your sole and exclusive remedy is to discontinue using the service and its related web sites.
Membership in Upnetic®
Upnetic® maintains a web site that contains content and offers structured to appeal to the small business owner. Much of the content and many of the offers are available to anyone viewing the site. Some of the content and services are, however, restricted to members. Memberships are sold directly by Upnetic® and can be purchased directly from the site under terms disclosed in the membership portion of the site. The terms and pricing are subject to change at the discretion of Upnetic®, and Upnetic® makes no representation that it will adjust the membership fees of any member for subsequent price adjustments.
Memberships are also sold through various “bundling” arrangements, where the membership is included as a part of a larger offer and paid for by the sponsor of that larger offer. Such membership sales are negotiated with the business partner sponsoring the bundled membership. Upnetic® is responsible only for the portion of the bundle delivered through this site and has no input, control or responsibility for the other products or services included as part of the bundle.
Ask Your Question
Upnetic® provides a mechanism for its members to ask questions related to business matters of the type that would typically be asked of a business consultant. Upnetic®, through its employees, business partners and a network of consultants responds to those questions posed by members. Upnetic® has a stated objective to respond to each question within two business days, however, there is no assurance or warranty that every question can or will be answered within that time frame.
The scope of the “Ask Your Question” service is generally limited to responses that can be provided by a consultant with no more than one hour’s research into the specific subject matter. It is not the intent of this service to provide in-depth research. Instead, the service is intended to provide a sounding board, feedback on ideas and suggestions on finding solutions. Our consultants often do limited amounts of research in order to respond to specific questions, however, there is no promise that we will research any particular question that we determine, in our sole discretion, to be beyond the scope of this service.
Upnetic® does not provide legal advice or other advice that can only be provided by licensed professionals, in which case you should contact a qualified attorney. Upnetic® partners with Legal Club of America (“Legal Club”). Legal Club is not a law firm, insurance coverage or a provider of legal services. Legal Club has a network of participating attorneys and will place members of Upnetic® in contact with an attorney. Participating attorneys are not employees of Legal Club or Upnetic®. Participating attorneys are solely responsible for their legal services in accordance with special fee guidelines established with Legal Club. Such suggestions or referrals to other web sites are not to be considered as legal advice. Legal matters should be referred to a competent attorney.
Upnetic® exists to assist its members with running and growing their small businesses. Upnetic® reserves the right to screen out and reject questions that are, in our sole discretion, not related to running and growing a small business. Questions that are related to personal rather than business activities or that are related purely to large company or government matters may be returned unanswered.
Upnetic® reserves the right to limit the number of times that it will respond to the same question from a member. The limitation shall be based upon a standard of reasonableness that is determined by Upnetic® in its sole discretion.
Members who attempt to jam the system with questions that, in our sole discretion, appear intended to damage our ability to respond to other members rather than providing needed assistance to the member making the request, will be returned unanswered and we further reserve the right to terminate the membership of anyone attempting to damage our system of response.
Members who ask questions do so with the understanding that responses are provided based on the knowledge and experience of the consultant answering the question. Many responses reflect the opinions of the responding consultant. Many questions have no clear and obvious answer and any response will, of necessity, be based on the judgment and opinion of the consultant making the response. Many questions are also subject to misinterpretation. Our consultants have neither the opportunity nor the ability to determine and review all of the relevant facts. Therefore, Upnetic® cannot and does not warrant that its answers are “correct.” In fact, Upnetic® acknowledges that its responses may contain errors or may misinterpret the question that was asked. There is a further risk that reference materials to which we refer a member relative to a particular subject matter may contain inaccurate or even offensive material. This is particularly true when web sites to which we refer members contain other links to other web sites, which we have not researched and cannot research. The member asking the question bears responsibility for assessing the validity and applicability of the response before using the information provided in the response.
Our goal is to acquaint the user with as much information as is available to us at what we determine, in our sole discretion, to be a reasonable cost. We work with the information to present it in a manner that will be usable by the typical small business.
Responses from the Upnetic® resource center carry the following disclaimer:
By using this service you agree that in consideration of Upnetic®’s furnishing management or technical assistance that you waive all claims against Upnetic®, its personnel or business partners arising from this assistance. No attorney client relationship shall exist at any time between you and Upnetic®. The above information is provided as assistance based on information, which you have provided to Upnetic®. Upnetic® has not undertaken to confirm the accuracy of such information nor perform thorough investigation in providing a response. You should not rely on this response as authoritative in making business decisions; this service is not a substitute for counsel with respect to specific matters of law, tax, investment, or other disciplines where review of the facts, circumstances and relevant rules could and should be undertaken.
Upnetic® attempts to provide meaningful assistance, but the information provided in its responses may contain technical inaccuracies or typographical errors. Upnetic®’s assistance is provided without warranty of any kind, either expressed or implied. In no event shall Upnetic® be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, under any theory of liability, arising out of or in connection with the use or performance of information provided by way of this assistance program. Please be advised that our editorial staff may use portions of your question for any of our publications. Your name will not appear without your permission. If you object to our publishing your question, please contact us immediately.
Upnetic®, based on ongoing negotiations with third party providers, provides member benefits. Those benefits are subject to change at the discretion of the providers, and there can be no assurance that any particular member benefit will be available at a given time in the future. Changes in member benefits will be documented in the “Member Benefits” section of the site as soon as practical after we become aware of the changes. The member benefits will in some cases be limited versions of commercially available products or services. The versions that are offered for sale may include additional functionality and there may be related products or services that are available for a fee. When Upnetic® members choose to purchase an upgraded version or additional services, Upnetic® may be paid a referral fee.
Business Forms and Documents
The Upnetic® web site provides access to legal forms and documents through its business partners: LawInfo.com and LawSmart.com. Use of these forms and documents is not a substitute for legal advice. The information provided is intended for use within the United States and Canada only.
Effort is made to keep the information on these sites accurate and up to date. However, there can be no guarantee that all the information on the sites is completely current or suitable for any particular legal situation. The law will vary depending on your jurisdiction and the specifics of your case. Because the law is a personal matter, the general information we provide cannot fit every circumstance. You are directed to consult a licensed lawyer in your area to get specific advice for your problem. Nothing on these websites should be considered legal advice.
No attorney-client or other professional relationship of any nature is created by participation in any area or offering at these sites. Do not act on or rely on any information from these sites without consulting with a licensed attorney, as this material is not a substitute for obtaining appropriate legal advice from competent, independent legal counsel in the relevant jurisdiction.
Upnetic® offers video based business learning that consist of short segments on focused topics relevant to small business owners. The sessions are intended to stimulate thought and encourage business owners to ask questions that lead to positive change. The presenters are speaking based on their own unique viewpoint, based on their knowledge and experience. There is no assurance that a particular coaching session will provide information that is useful to every Upnetic® member. The content should not be taken as guidance or advice to a specific business. It is the responsibility of each member to listen to the presentation and determine whether any suggested actions or philosophies make sense within their own business.
Services and content are provided “as is,” without warranty of any kind, either express or implied, and Upnetic® and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Upnetic® does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Upnetic® warrant access to the Internet or to any other service or content through the service.
Links to Third Party Sites
The links from our site that go to other sites are for convenience only, and do not imply that we endorse or approve of those sites. We have no control over the content found on other sites and make no warranties as to the accuracy or adequacy of any information found at such sites are made. Similarly we are not responsible for information found on or through our site which is generated by third parties. Upnetic® is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. Your use of these sites is at your own risk.