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Terms and Privacy

Last Updated: June 30, 2010

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on the Upstart Smart website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the Upstart Smart website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Upstart Smart at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a. Disclosure of Affiliate Relationships.  If an ad or link to an outside product, service, or website is made available on this website or through Upstart Smart Radio, we may receive payment, an affiliate fee, and/or ad revenue from it.  That said, we only support third-party resources that we truly believe in.

b. "As-Is" Statement and Disclaimer.  The materials on this website are provided "as is". We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

c. Censorship Disclaimer.  Interviewees and guests are allowed to express themselves without any significant censorship.  You are advised that any view expressed by the hosts or their guests are not necessarily the views of UpstartSmart.com.

4. Limitations

In no event shall Upstart Smart or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Upstart Smart Internet site, even if Upstart Smart or an Upstart Smart authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the Upstart Smart website could include technical, typographical, or photographic errors. Upstart Smart does not warrant that any of the materials on its website are accurate, complete, or current. Upstart Smart may make changes to the materials contained on its website at any time without notice. Upstart Smart does not, however, make any commitment to update the materials.

6. Links

Upstart Smart has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upstart Smart of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Upstart Smart may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Price Terms

Prices do not include any necessary sales, use, excise, value added or similar taxes. All prices are subject to change at anytime and without notice.

9. Refunds

Refunds may be available, at the sole discretion of Upstart Smart, and only within thirty (30) days of purchase.

10. Billing/Payment

Upstart Smart uses PayPal, e-Junkie, and/or Google Checkout payment processing.

11. Discounts/Promotions

All discount and promotion offers are only available at initial sign-up and will not be applied retroactively. Only one discount and/or promotion can be redeemed at a time.

12. User Name, Password, and Security

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. Upstart Smart and/or its affiliates will not be liable for any loss or damage arising from your failure to adequately safeguard your user name and/or password.

13. Governing Law

Any claim relating to the Upstart Smart website shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions.

14. Guest/Interviewee Interview Release

As a guest/interviewee participating on UpstartSmart.com and/or Upstart Smart Radio on the Rock Your Genius network, you agree to the following:

  1. UpstartSmart.com and/or its representative host is recording your statements (the "Interview") for the purpose of creating an article, audio recording, and/or other product for incorporation in the UpstartSmart.com website and/or any other publication and/or media (the "Work") and that your name, likeness, image, voice, and performance is being recorded and may be made a part of the Work, and you accept as consideration for the Interview and Work any resulting publicity for yourself and/or your company.
  2. UpstartSmart.com has the right to copy, reproduce, and use all or a portion of the Interview and Work. You permit the use of all or a portion of the Interview in the Work in all forms and media including advertising and related promotion throughout the world and in perpetuity.
  3. You grant UpstartSmart.com the right to use your image and name in connection with all uses of the Interview and Work and waive the right to inspect or approve use of the Interview as incorporated in the Work. you grant UpstartSmart.com without limitation the right to edit, mix, or duplicate and to use or re-use the Interview and Work in whole or part, as UpstartSmart.com may elect.
  4. You release UpstartSmart.com from any claims that may arise regarding the use of the Interview and Work including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
  5. You acknowledge that you have no ownership rights in the Interview and Work. UpstartSmart.com shall have complete ownership of the Interview and Work in which you appear, including copyright interests.
  6. You confirm that you have the right to enter into this Agreement, that you are not restricted by any commitments to third parties, and that UpstartSmart.com has no financial commitment or obligations to you as a result of this Agreement.
  7. UpstartSmart.com is not obligated to utilize the rights granted in this Agreement.
  8. You confirm that you are over the age of 18.

15. Privacy Policy

This is the website of Brown Bug, LLC.

Our postal address is:
PO Box 1396
Madisonville, LA 70447.

We can be reached via e-mail at mail [at] upstartsmart [dot] com, or you can reach us by telephone at 800-913-2993.

Information We Collect

For each visitor to our website, our web server automatically recognizes the consumer's domain name and email address (where possible).  We collect the domain name and email address (where possible) of visitors to our website, of those who post messages to our website, of those who communicate with us via email, of those who make postings to our chat areas, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, and payment information (e.g., credit card number and billing address).

The information we collect is used to improve the content of our website, to customize the content and/or layout of our site for each individual visitor, to notify consumers about updates to our website, and to contact consumers for marketing purposes.

Cookies

We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, record past activity at a site in order to provide better service when visitors return to our site, and customize website content based on visitor's browser type or other information that the visitor sends.

Your Contact Information

You may receive periodic email, postal, and phone communications from us.  If you do not want to receive communications from us in the future, please contact us using the information at the top of this page.

We do not sell or share your contact information with third-party companies.

Ad Servers

We do not partner with or have special relationships with any ad server companies.

Changes to This Policy

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice.  You may prevent your information from being used for purposes other than those for which it was originally collected by contacting us using the information at the top of this page.

Access to Information

Upon request, we provide site visitors with access to all information that we maintain about them.  Upon request, we offer visitors the ability to have inaccuracies corrected in contact information and financial information.

PayPal, eJunkie, and Google Checkout

We use PayPal, eJunkie, and/or Google Checkout to process all payments. Please refer to their respective privacy policies for more details.

Reporting Violations

If you feel that this site is not following its stated information policy, please contact us.