Terms of Use
These Terms of Use ("Terms") govern your access to and use of the website upswingproductions.com and any educational content, materials and services provided by Upswingproductions ("we", "us", "our"). By accessing the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility
The Site is intended for users who are at least 18 years of age and legal residents of the United States. By using the Site you represent that you meet these criteria and that you have the legal capacity to enter into these Terms.
2. Educational Purpose & No Advice
All content on the Site, including courses, articles, charts, market commentary, simulations and instructor materials, is provided for educational and informational purposes only. Nothing on the Site constitutes:
- investment, financial, legal, accounting or tax advice;
- a recommendation to buy, sell or hold any security, digital asset or financial instrument;
- a solicitation, offer or endorsement of any brokerage, advisory, money-management or trading service.
Upswingproductions is not a registered broker-dealer, investment adviser, futures commission merchant or money manager. You are solely responsible for any decisions you make and should consult a qualified, licensed professional before acting on any information.
3. Risk Disclosure
Trading and investing involve substantial risk of loss and are not suitable for every investor. Past performance is not indicative of future results. Hypothetical, simulated or modeled performance has inherent limitations; actual results may differ materially. You may lose some or all of your invested capital.
4. Intellectual Property
All content on the Site — including text, graphics, logos, course materials, video, audio, software and design — is owned by or licensed to Upswingproductions and is protected by U.S. and international intellectual-property laws. You receive a limited, revocable, non-exclusive, non-transferable license to access the Site and the content for personal, non-commercial educational use. You may not copy, modify, distribute, sell, rent, lease, lend, publicly perform or create derivative works without our prior written consent.
5. User Conduct
You agree not to:
- use the Site to violate any applicable law, regulation or third-party right;
- attempt to gain unauthorized access to any portion of the Site, related systems or accounts;
- introduce malware, scraping tools, automated agents or denial-of-service vectors;
- misrepresent your identity or impersonate any person or entity;
- use the Site or its content to provide unlicensed financial advice or to solicit investments.
6. Third-Party Content & Links
The Site may include third-party content, market data, images and links. We do not endorse and are not responsible for third-party content. Your use of any third-party services is governed by their own terms and privacy policies.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR AVAILABILITY. WE DO NOT WARRANT THAT MARKET DATA, SIMULATIONS OR EDUCATIONAL EXAMPLES ARE FREE OF ERRORS OR SUITABLE FOR ANY PARTICULAR USE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPSWINGPRODUCTIONS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA OR INVESTMENT VALUE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100).
9. Indemnification
You agree to defend, indemnify and hold harmless Upswingproductions and its affiliates from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms or your violation of any rights of a third party.
10. Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Upon termination, the provisions of these Terms which by their nature should survive will continue in effect.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts. Where permitted by applicable law, you and Upswingproductions waive the right to a jury trial and to participate in class actions.
12. Changes
We may modify these Terms at any time by posting a revised version on the Site. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
13. Contact
Upswingproductions
276 5th Ave, Suite 704, New York, NY 10001, United States
Email:
info@upswingproductions.com
Phone: +1 212-555-0198