JOINUP 2
TERMS OF USE

Last Modified: August 22, 2023

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and JoinUp2 ("Company" or "we"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.joinup2.com/, and the Express Console application including any content, functionality, and services offered on or through https://www.joinup2.com/ (the "Website") or the JoinUp 2 application (the “App,” with the Website the “Content”), including user-produced content.

Please read these Terms of Use carefully before you browse, purchase services from, or otherwise use the Content in any fashion. By using the Content, you accept and agree to be bound and abide by these Terms of Use and our “Privacy Policy”, found at https://www.joinup2.com/privacy/, incorporated herein by reference. If you will not to agree to these Terms of Use or the Privacy Policy, you must not access or use the Content.

By using this Content, you represent and warrant that you are of legal age to form a binding contract with the Company in the jurisdiction of your residence.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Content thereafter.

Your continued use of the Content following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE CONTENT AND ACCOUNT SECURITY

We reserve the right, subject to any contrary license agreements, to withdraw or amend the Content, and any service or material we provide on or through the Content, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Content, to users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Content; and
Ensuring that all persons who access the Content through your internet connection are aware of these Terms of Use and comply with them.

To access the Content or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Content that all the information you provide on the Content is correct, current, and complete. You agree that all information you provide to register with this Content or other means, including, but not limited to, through the use of any interactive features on the Content, is governed by our Privacy Policy located at https://www.joinup2.com/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and agree not to provide any other person with access to this Content or any portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or of any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion and for any reason.

INTELLECTUAL PROPERTY RIGHTS

The Content and each and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Content, except as follows:

Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site; of
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Content in breach of the Terms of Use, your right to use the Content will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Content or any content on the Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Content are the trademarks of their respective owners.

PROHIBITED USES

You may use the Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Content in any prohibited manner, including without limitation:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Content, or which, as determined by us, may harm the Company or users of the Content, or expose them to liability.

Additionally, you agree not to:

Use the Content in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Content, including their ability to engage in real time activities through the Content;
Use any robot, spider, or other automatic device, process, or means to access the Content for any purpose, including monitoring or copying any of the material on the Content;
Use any manual process to monitor or copy any of the material on the Content, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Content;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Content, the server on which the Content is stored, or any server, computer, or database connected to the Content;
Attack the Content via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Content.

USER CONTRIBUTIONS

The Content may allow users to submit content or materials (collectively, "User Contributions") on or through the Content.

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Furthermore, you represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and to each of their and our respective licensees, successors, and assigns; and
Each of your User Contributions currently comply with, and will comply with, these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Content.

COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Content infringe your copyrights, you may request removal of those materials (or access to them) from the Content by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Content, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Company’s address for DMCA Notices is:

Attn: David Neitzel

Email: 617-714-9420

PO Box 5921, Holliston, MA 01746

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Content is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

RELIANCE ON INFORMATION POSTED; DISCLAIMER OF WARRANTIES

The information presented on or through the Content is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Content, or by anyone who may be informed of any of its contents.

This Content may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONTENT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY CONTENT LINKED TO IT.

YOUR USE OF THE CONTENT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONTENT IS AT YOUR OWN RISK. THE CONTENT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE CONTENT, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CONTENT, ANY CONTENTS LINKED TO IT, ANY CONTENT ON THE CONTENT OR SUCH OTHER CONTENTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

CHANGES TO THE CONTENT

We may update the content on this Content from time to time, but its content is not necessarily complete or current. Any of the material on the Content may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE CONTENT

All information we collect on this Content is subject to our Privacy Policy found at https://www.joinup2.com/privacy/. By using the Content, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO AND FROM THE CONTENT

You may link to our Content homepage, provided you do so in a manner that is consistent with our trademarks and does not damage or take advantage of our reputation, and provided such use does not in any way as to suggest any form of association, approval, or endorsement on our part without our express written consent. If you provide or link Content that includes images of other persons, it is Your responsibility to acquire all rights to display such images. You acknowledge and agree that Company is not responsible for third-party content posted on our website or through our app.

LINKS FROM THE CONTENT

If the Content contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Contents linked to this Content, you do so entirely at your own risk and subject to the terms and conditions of use for such Contents.

GEOGRAPHIC RESTRICTIONS

The owner of the Content is based in the State of Massachusetts in the United States. We make no claims that the Content or any of its sub-content is accessible or appropriate outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

INDEMNIFICATION

You agree to indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Content, including, but not limited to, your User Contributions, any use of the Content's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Content.

GOVERNING LAW AND JURISDICTION

All matters relating to the Content and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Content, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Content.

YOUR COMMENTS AND CONCERNS

This Content is operated by JoinUp2. All feedback, comments, requests for technical support, and other communications relating to the Content should be directed to:

joinup2info@gmail.com

617-714-9420

PO Box 5921, Holliston, MA 01746