UPWEST TERMS & CONDITIONS
Welcome to UpWest! These Terms and Conditions (“Terms”) govern your use of the website on which they appear, including upwest.com (the “Site”). These Terms also govern any account you may have on upwest.com (“Site Account”).
The Services are made available to you by UW, LLC (“UpWest,” “we,” or “us”). Please review these Terms before using the Services, including making purchases, creating an Account, using the Site, or participating in the Program. These Terms, which may be modified from time to time, apply to all visitors to, or users of, the Services, including without limitation all participants in the Program.
ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS INCLUDING A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. THIS SERVICES ARE INTENDED FOR USE AND PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY US LAW. IF YOU DO NOT AGREE TO THESE TERMS AND/OR ARE NOT LOCATED IN THE UNITED STATES, DO NOT USE THE SERVICES.
From time to time we may update the Services and these Terms. For example, we reserve the right to add, withdraw, or otherwise change the ways in which you can earn Points at our sole discretion, with or without notice to you. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. UpWest may, in its sole discretion, and at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that UpWest will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.LIMITED LICENSE:
Unless otherwise indicated, the Services and any materials or contents thereof (including without limitation, all text, photographs, artwork, images, video and audio; all materials provided in connection with or related to the Program; and all software, HTML code, and scripts) (collectively, “Materials”) are the exclusive property of UpWest, and are protected by copyright, trademark, trade dress and other laws, as well as other U.S. and international laws and treaties. All Materials are provided by UpWest as a service to its current and prospective customers and visitors to the Services and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of our Materials without our express prior written permission; and (b) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. UpWest may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by UpWest.TRADEMARKS:
UpWest, or its affiliates, retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of UpWest or its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of the Services. Your misuse of the trademarks displayed on the Services is strictly prohibited. The Services may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than UpWest. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with UpWest.
UpWest has a no-tolerance policy regarding the use of our trademarks and trade dress in meta tags and/or hidden text. Specifically, the use of our trademarks and trade dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on the Services is prohibited without our express written permission. Framing, inline linking or other association of the Services or its Materials with links, advertisements and/or other information not originating from the Services is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.USER SUBMISSIONS:
The Services may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, UpWest does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Services. UpWest reserves the right to waive any requirements with respect to User Submissions set forth herein in its reasonable discretion.
By submitting User Submissions, you hereby grant to UpWest an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. This license includes the right to host, index, cache, distribute, and tag any User Submissions, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. Under the license granted herein, UpWest shall be free to use or disclose any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. You acknowledge that, by acceptance of a User Submission, UpWest does not waive any rights to use similar or related ideas previously known to UpWest, or developed by its employees, or obtained from sources other than you. UpWest does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. USER SUBMISSIONS POSTED TO THE SERVICES ARE NOT EDITED BY UPWEST AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL USER. USER SUBMISSIONS DO NOT REFLECT THE VIEWS OF UPWEST IN ANY MANNER. UpWest reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms, including without limitation, the Prohibited Uses (as defined below) of Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
In connection with User Submissions, you affirm, represent, and warrant to UpWest that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to UpWest as set forth in the license granted above; (iii) use of your User Submission(s) on the Services or otherwise by UpWest, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow UpWest to utilize the User Submission(s) without compensation or objection. For clarity, UpWest obtains the license above, but does not claim ownership of your User Submissions.PROHIBITED USES OF THE SERVICES:
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of UpWest, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services and/or our related services and products (“Prohibited Uses”). Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or Materials. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden, or disable the same.
You understand and agree that you have no ownership rights to any Account you may have with us, or other access to the Services or features therein. UpWest may cancel your Account(s) and delete all User Submissions associated with your Account(s) at any time, and without notice, including without limitation if UpWest deems that you have violated these Terms, the law, or for any other reason. UpWest assumes no liability for any information removed from our Services, and reserves the right to permanently restrict access to the Services or an Account. You agree that UpWest shall not be liable to you or any third party for any termination or suspension of your Account(s) or for blocking your access to the Services.NOTICE OF COPYRIGHT INFRINGEMENT:
UpWest does not permit copyright infringing activities on the Services, and UpWest may remove any User Submissions or Materials if properly informed that any such User Submissions or Materials infringe on another’s copyright. UpWest will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer. If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify UpWest by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit UpWest to locate the same;
- Information reasonably sufficient to permit UpWest to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows: Attn.: LEGAL, UW, LLC, 750 Cross Point Rd. Suite V, Gahanna, Ohio 43230.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.PRODUCTS AND ORDERS:
All features, specifications, products and prices of products and services described on the Services are subject to change at any time without notice. From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Services. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Services or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Services; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available over the internet any particular time. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
For information regarding our Returns Policy, please visit: upwest.comUSE OF ACCOUNTS AND CREDIT CARDS:
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all. If you create any Account on the Site or otherwise submit information to us, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and Account(s). Additionally, you are entirely responsible for any and all activities that occur under your Account(s). You agree to notify UpWest immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. UpWest is not liable for any loss that you may incur as a result of someone else using your password or Account(s), either with or without your knowledge, and is not responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.
If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU UNDERSTAND AND AGREE THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR PRODUCTS OR SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT THE TRANSACTION FOR THE PURCHASE OF PRODUCTS OR SERVICES IS FINAL AND COMPLETE AT THE TIME YOU ARE CHARGED. You agree to pay all charges incurred by you, on your behalf, or by your Account(s) through the Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.LINKING:
Periodically, links may be established from this Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are provided for your convenience only. In addition, certain Third Party Services also may provide links to the Services. These links should not necessarily be deemed to imply that UpWest endorses the Third Party Services or any content therein.
UpWest does not control and is not responsible or liable for any Third Party Services or any content, advertising, products, or other materials on or available from such Third Party Services. Access to any Third Party Services is at your own risk and UpWest will have no liability arising out of or related to such Third Party Services and/or their content or for any damages or lossDISCLAIMER:
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UPWEST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION THE SITE OR THE PROGRAM), NOR SHALL UPWEST BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND UPWEST’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES’ RECORDS, SITES, OR PROGRAMS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL UPWEST OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF UPWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF UPWEST’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
DISPUTES WITH UPWEST AND AGREEMENT TO ARBITRATE:
There might be instances when you have an issue or dispute with UpWest. In those instances, UpWest is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any issue or dispute that you may have with UpWest, you acknowledge and agree that you will first give UpWest an opportunity to resolve it before initiating any formal dispute resolution proceeding. This includes you first sending a written description of your issue or dispute to the following address: firstname.lastname@example.org.
You then agree to negotiate with UpWest in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after UpWest’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding. The relevant limitations period and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
ANY DISPUTE INVOLVING YOU AND US, INCLUDING ANY OF OUR, AFFILIATES, AGENTS, OR VENDORS, THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION OR A SMALL CLAIMS COURT PROCEEDING.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way to (1) your relationship with us whether based in contract, tort, statute, regulations, or any other legal theory; (2) the Program, Services, or Terms; and/or (3) any products or services offered, sold, or distributed by us including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the Program and after the cancellation or termination of the Program, including any claims that are the subject of a purported class action litigation.
Arbitration Provision: You each agree that any Dispute shall be resolved by individual binding arbitration, and not through litigation, unless such Dispute falls within the jurisdictional scope and amount of an appropriate small claims court and either party elects to resolve the dispute on an individual basis in small claims court.
The arbitrator's authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. The arbitrator may not preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. This waiver of class actions and collective relief is an essential part of this arbitration agreement and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor UpWest is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be severed and stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.
This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, this Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family, including any minor children upon whose behalf you may bring a claim. This Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross-claims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.
Notwithstanding anything in this Arbitration Provision to the contrary, we may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
You or we may commence an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by this Arbitration Provision, and will be administered by the AAA. For a copy of the rules, to file a claim or for other information, contact AAA (adr.org or 1-800-778-7879). In addition to AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of this Arbitration Provision. This Arbitration Provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and these Terms, these Terms shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality.
If there is an in-person arbitration hearing, it shall take place in the federal judicial district that is closest to your residence. If the nearest federal judicial district to your residence is more than 50 miles away from your residence, you may elect to conduct the arbitration by telephone or at a location in your county of residence.
You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules; however, we will reimburse those fees (but not an attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In a dispute involving $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions from the parties, or in person according to the AAA Rules.
This Arbitration Provision shall survive termination of these Terms and/or the Services or your use of the Services or participation in the Program and any bankruptcy by you or us. Except as set forth above, if any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision. If a court decides that the entirety of this Arbitration Provision is invalid or unenforceable, the remainder of the Terms shall still apply.
Any amendments to this Arbitration Provision will be prospective only and will not affect any pending dispute or arbitration proceeding that you have already provided notice of to UpWest.REVISIONS:
UpWest may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, at any time and without notice. UpWest also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. UpWest may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Services after any changes to these Terms are posted will be considered acceptance of those changes.
U.S. GIFT CARDS
If you are interested in purchasing a gift card for use at any U.S. UpWest store location or on UpWest.com. Click Here. Gift cards are available online in the following denominations: $25, $50, $75, $100, $150, $200. gift cards never expire.
- Gift cards can be redeemed for online purchases by entering the gift card Number during checkout. You can enter up to five gift cards to pay for your order.
- There is no shipping & handling charge for gift cards delivered via U.S. Standard Delivery. For expedited shipping, flat rates will apply
- Gift card purchases cannot be shipped to International addresses.
- When merchandise is ordered along with gift cards, sales tax and shipping and handling will be applied to the merchandise portion of the order - not the gift cards.
- Gift card purchases are not eligible for promotional discounts.
- To check the available balance on a gift card, Please call 1-833-879-3781 or visit your nearest Store
- Gift card sales are final and cannot be returned or redeemed for cash, except as required by law.
Use of a U.S. gift card constitutes acceptance of the following terms. Gift cards cannot be redeemed for cash, except as required by law. This card is issued by Express GC, LLC and is redeemable for merchandise only in the U.S. at UpWest stores and upwest.com unless otherwise required by applicable law. This card may not be used for payment on any credit card account, to purchase another gift card, or toward previously purchased merchandise. Treat this card as cash. If this card is lost, stolen or destroyed, UpWest may replace it if you provide the card number. Replacement card will be the value of the card at the time UpWest receives your report of loss, theft or unauthorized use. This card carries no expiration date. If you need assistance, please call Customer Service at 1-833-879-3781. Your E-gift card number is required for all inquiries. . For a store location nearest you or to learn more about UpWest, please visit us at UpWest.com.
How do I purchase a Gift Card?
- You can purchase a Gift Card by adding it to your cart and selecting the desired amount
These Terms and the Services are governed by U.S. and Ohio law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and UpWest in connection with the Services, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the federal, state and local courts located in Columbus, Ohio.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUALS RESIDING IN THE UNITED STATES THAT ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
- GIVEAWAY AND ELIGIBILITY: The #UpWestTest Giveaway (the “Giveaway”) begins December 1, 2023, at 12:01 a.m. Eastern Time (“ET”) and ends December 15, 2023, at 11:59 p.m. ET ("Promotion Period"). Open only to residents of the 50 United States and the District of Columbia that are at least 18 years old or the age of majority in their state of residence, as of the date of entry. Employees of UW, LLC dba UpWest (“Sponsor”) and Sponsor and their affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Giveaway (“Sponsor Affiliates”), and each of the foregoing’s agents, directors, officers (including members of their immediate families) of Sponsor, or any Sponsor Affiliates, are not eligible to participate.
By entering the Giveaway, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Giveaway is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.
- HOW TO ENTER: You may enter the Giveaway by submitting a Complete Entry (as defined below) through your public Instagram account (“Giveaway Entry”).
To be eligible, the Giveaway Entry must comply with all the following:
- Follow @go_upwest;
- Submit content of yourself wearing UpWest clothing by: (1) posting to your IG feed, (2) posting on your IG Story, or (3) sending a DM to @go_upwest;
- You must include the following tag in any posted content: #TheUpWestTest
To participate in the Giveaway, you must have an account with Instagram. If you do not have an account with Instagram, go to Instagram’s website (instagram.com) and create an account according to the instructions on the website. Creating an account is free. Please note that you must accept and agree to comply with the terms and conditions for Instagram in order to create an account.
- SELECTION AND NOTIFICATION OF WINNING ENTRIES. The winners will be selected no later than December 22, 2023 from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee and whose decisions shall be final and binding. Odds of winning a prize depends on the number of eligible entries received. The winners will be notified via direct message through their Instagram account by no later than December 22, 2023 at 9 p.m. ET. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the applicable Instagram account. "Authorized account holder" is defined as the natural person who is assigned to that account by Instagram.
- PRIZES: There will be five (5) prize winners selected. Each winner will receive one prize consisting of a gift credit worth $250 USD (250 dollars) that may be redeemed for merchandise on Sponsor’s website (upwest.com) or in UpWest stores (the “Prize”). Gift credit may be provided as a promo code that must be presented online or in stores for redemptions. Individual Prize ARV: $250; Total Prize ARV: $1250. No substitution or transfer of prize permitted except as determined in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of equal or greater value. Sponsor will send the Prize to each winner.
ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS GIVEAWAY AND ANY PRIZE. The winners are solely responsible for all applicable federal, state and local income taxes associated with the Prizes. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
- CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Giveaway, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor or Sponsor Affiliates; or (2) in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Giveaway is prohibited. Sponsor’s decisions as to all matters related to the Giveaway and selection of prize winner are final.
Sponsor and Sponsor Affiliates and each of their respective parent companies, subsidiaries and affiliates, are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries, all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Giveaway which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Giveaway. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Giveaway), the Giveaway is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway, and/or to select the prize winners from among all eligible Submissions received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. Sponsor shall have no further obligation to any participant in connection with the Giveaway. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor and Sponsor Affiliates (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
- PRIZE ACCEPTANCE: Potential winner(s) will be notified as provided in the “Selection and Notification of Winning Entries” section above and must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. In addition, Sponsor may, within its sole discretion, require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within three (3) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winners and/or by random draw from all remaining eligible entries.
- PUBLICITY & MARKETING: Upon submission of the Content, and except where expressly restricted by the terms of Instagram, you automatically grant to Sponsor and Sponsor Affiliates, a worldwide, non-exclusive, royalty-free, irrevocable license to copy, publicly display, distribute, create derivative works from, and otherwise use the Content as well your name, image, likeness and biographical details, in all forms of media now known or later developed in connection with Sponsor’s business. You represent and warrant to Sponsor that you own all Content you submit and/or have the unencumbered legal right to submit, and grant the above-referenced license, in connection with this Giveaway. You further represent to Sponsor that the Content is a Complete Entry as set forth in Section 2, above.
- RELEASE & INDEMNIFICATION: Neither Sponsor or Sponsor Affiliates are responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Giveaway, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winner, or otherwise execute this Giveaway in the manner intended. By entering the Giveaway, you agree to release, defend, hold harmless and indemnify, Sponsor or Sponsor Affiliates, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, a well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Giveaway; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Giveaway, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor or Sponsor Affiliates are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Giveaway. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor or Sponsor Affiliates are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Giveaway to be disrupted or corrupted.
- DISPUTES: This promotion is intended for participation in the United States only and shall be construed only according to Ohio’s law. Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in Ohio; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Ohio, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Ohio, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
- NO AFFILIATION WITH SOCIAL MEDIA PLATFORM. This Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram. Any questions, comments or complaints regarding the Giveaway should be directed to Sponsor, not to Instagram.
- WINNERS: For the names of the winners, send a separate self-addressed, stamped envelope to: UpWest Gift Giveaway, P.O. Box 182258, Columbus, Ohio 43230. Request must be received before November 15, 2020.
- SPONSOR: UW, LLC dba UpWest, P.O. Box 182258, Columbus, Ohio 43230.
© 2019 UW, LLC. All rights reserved.