Terms of Use:

This Agreement ("Agreement") is entered into as of the date purchased, by and between UpRank, LLC covering their owners, employees and contractors (Hereinafter the "Agency"), with an address of 404 4th St. Mason, Ohio 45040, and The Client (hereinafter the "Client"). (Client and Agency are each a “Party,” and are collectively the “Parties” hereto). 

"Parties." BY PURCHASING SERVICES FROM AGENCY, CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Fees and Expenses:

SMS & Phone Use:

Client agrees to follow all laws including, but not limited to the TCPA laws and guidelines, local and federal. It is the clients responsibility to know the rules and follow them and in no way is the agency to be held responsible for breaking these laws or rules. At anytime the Agency may suspend or pause an account if they for any reason think the client is miss using the systems phone, SMS or RVM tools in a way that violates laws or puts at risk the integrity of the system. It is not the duty of the agency to monitor or choose right from wrong usage of the system.

Email Use:

Client agrees to follow all laws and guidelines, local and federal when it comes to email sending and receiving. It is the clients responsibility to know the rules and follow them and in no way is the agency to be held responsible for breaking these laws or rules. At anytime the Agency may suspend or pause an account if they for any reason think the client is miss using the systems email tools in a way that violates laws or puts at risk the integrity of the system. It is not the duty of the agency to monitor or choose right from wrong usage of the system.

Business Use:

UpRank System is meant to be used for local business that conducts inside the law.

We do not permit any of the following industries inside the system; Any business that is sexual in nature (ie: porn, strip clubs, pole dancing, party companies that involve strippers), any business that promotes drug use (ie: cannabis, weed, drug paraphernalia of any type), businesses that promote illegal action (ie: scam, theft, spamming, human trafficking), any business that has questionable moral standing.

At anytime UpRank can pause or suspend an account for illegal, immoral or questionable actions when it comes to this area.

No Guarantee of a Specific Result:

Regardless of any perceived representation to the contrary, the Agency in no way guarantees a specific result for Client. Client understands and agrees that they are paying the Agency as a service to generate results, but that results are never guaranteed. It is understood and agreed that the Agency has no control over Google, Facebook, TikTok, or other advertising platforms or if they decide to make changes to their advertising platform.

Default:

In the event that Client fails to pay any fees or charges under this Agreement, Agency may immediately pause or discontinue this Agreement, among other available remedies, until the Client cures its default.

Intellectual Property, Credit & Branding:

UpRank, LLC retains all intellectual property rights to the UpRank Software and/or System in its entirety, including but not limited to 3rd party connections and does not release those rights to the client, customer, users or anyone else.

UpRank, LLC retains all rights to the entire UpRank Brand and does not give any of these rights to the client, customer, users or anyone else.

The client, customer, users or anyone else do not own the right to resell or copy contents of the UpRank Software to another system or software outside of the UpRank Software.

Governing Law:

This Agreement shall be governed by the laws of the State of Ohio without regard to any choice-of-law provisions. All Legal proceedings must be filed in the Warren County Ohio Courts.



Attorney's Fees:

In any litigation, arbitration or dispute arising under or relating to this Agreement, the Agency shall be entitled to recover reasonable attorney's fees and litigation costs.



Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.



Severability:

The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.

Assignment and Successors:

Binding Effect. The rights and obligations of the Parties under this Agreement may not be assigned, transferred, pledged or otherwise encumbered without the prior written consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal and personal representatives", successors and permitted assigns.

Data:

Client agrees to share conversion data with the Agency, this includes but is not limited to sales data, acquisitions and dispositions data, amount made per deal. This data helps the Agency to better their service and help more investors like you.

Client Agrees to protect and not to share keywords, negative keywords or any other data that is part of the marketing process with anyone outside of their organization doing business with the Agency. Client also accepts responsibility for their employees and contractors that may have access to this data. Keywords and Negative Keywords are meant only to be used in accordance with the Agency’s marketing services.

Accounts:

Client agrees to give access to all accounts needed in order to perform service by the Agency. Client also give the Agency permission to work inside of and make changes in those accounts.

Solicitation of Employees and Customers:

It is understood and agreed to by Client that no attempt to solicit Agency's employees and customers shall be made. Additionally, Client shall never provide to any other business or government, unless mandated by law, a list of individuals or companies as having any association to Agency whereby Agency's customers could be specifically solicited.

The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date.

Clients and Customers of UpRank, LLC please contact us with any questions or concerns regarding our terms and conditions.

For Support please text 513-548-4420 or contact your success manager.

Last Updated: August 9, 2022