Terms & Conditions
Upswung Website Restrictions of Usage
You may access and view the written content and pictures shown on this Website for personal, non-commercial use only. You may download and/or copy the content for personal, non-commercial use only, provided that you
1) do not make website download content available to any third party. Upswung reserves complete title and full intellectual property rights in any content that you download from this Website
2) do not change or modify the content in any way
3) abide by all copyright, trademark or other proprietary notices contained on the content,
You agree to use this Website only for legal lawful purposes. The following are actions included, but not limited to, in strictly prohibited actions:
1) conducting any type of fraudulent activity
2) changing or corrupting this Website in any way
3) .falsifying the identity of a user;
Please read this agreement carefully before accessing this web site. By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES
All the content on this site is Copyright 2004-2013 Upswung Corp. All rights reserved.
Links to Other Websites
Please be advised that when you access another web site through the Upswung website, Upswung can accept no responsibility for your experience with the other site. Links to other sites are provided for your convenience only.
Comments to Upswung
We welcome your comments regarding this site. However; comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Northern will be treated as nonconfidential and nonproprietary. All communications to Northern become the exclusive property of Northern and you agree that by transmitting any communication you relinquish all rights and interests in same. Northern shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Northern shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore; Northern discourages you from transmitting information that you do not wish to assign to Northern, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Northern may copy all or part of your communication in any response(s) it makes to you.
All logos, trademarks,names as well as other trade names on this Website are the properties of Upswung Corp. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the Upswung Corp..
The entire contents of this Website, including but not limited to headers, data, video, illustrations, icons, text, images, music, sound, photographs,graphics, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Upswung.
All content is copyrighted as a collective work under the U.S. and international copyright laws and Upswung owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Upswung endeavors to ensure that the information provided on the Upswung site are accurate and up-to-date.
Upswung does not guarantee the accuracy or content of the information provided on this site. Upswung reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to pricing, product description and availability. Photos may vary.
Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Upswung does not warrant the accuracy, integrity or completeness of the content provided in this Website or any advice or other similar information obtained by you from us though this Website or in any and Phone Conversation.
Limitation of Liability for Merchandise
All merchandise listed in this Website are sold“as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Upswung disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Upswung disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. Upswungs liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
Limitation of Liability for Upswung
In any event shall Upswung, its Employees, Affiliates, Directors, Officers, Successors, or Assigns or other Representatives will be held harmless (not liable), whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website. If you are dissatisfied with this Website and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Upswung's total liability to you shall in no event exceed one hundred United States dollars (US $125.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all
ctivities that occur under your account or password.
Risk of Loss in Shipping
All items purchased from Upswung are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Upswung is not
esponsible or liable for any damage arising from shipment.
Upswung retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Upswung thus encourages customers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless Upswung expressly consents.
In order to obtain a refund or exchange, prior approval must be given by Upswung . Please click on the Returns Link at the bottom of every page.
Upswung may consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
Upswung can not accept returns of non-inventory, special order or “drop shipped” items directly from the factory to you.
At Upswung's sole discretion, Northern may impose a fifteen percent (25%) restocking fee on items returned. Returns of "Factory Shipped" items will be subject to a 25% restocking fee.
Choice of Law
By use of this Website you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Upswung or its affiliates.
Upswung collects sales tax in Nevada. Sales tax for any drop shipment will be collected for the state where the shipment is originated if the consignee is in the same state.
Tax laws change and our policy may change without notice.
1) Upswung does not collect sales or use tax in other states.
2) Purchases are subject to use tax in other states unless exempt from taxation in those other states.
3) The purchase is not exempt merely because it is made over the Internet
4) Other states will require customers to report their purchases that were not taxed and pay use tax on those purchases. Customers should check their state's reporting requirements for tax forms to be used for this purpose.
The Terms and Conditions constitute the entire agreement between you and Northern with respect to this Website, Northern catalog or any type of Northern advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Northern with respect to this Website, Northern catalog or any type of Northern advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Northern. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition