Terms and Conditions

Term of Use

Last Update: November 12, 2024

Legal Agreement. Access to Upchurch Services, LLC’s (“Upchurch,” “Us,” “We,” or similar terms, and in all cases including our current or future divisions, affiliate and parent entities, website (hereinafter “Website”) is given to users (including yourself and any other entity or person on whose behalf you are using this Website, and all others who may have rights through you) (collectively, “you,” “your,” or similar terms) subject to the Terms of Use stated herein (the Terms of Use” or the “Agreement”). You agree to the Terms of Use as well as the most recent version of our Privacy Policy, by doing any of the following: (a) visiting any page of this Website; or (b) clicking the “SUBMIT” or a similar button in conjunction with submitting information to this Website. If you do not agree with these Terms of Use, you are not permitted to use or visit the Website.THESE TERMS OF USE CONTAIN AN INDEMNITY AND CLASS ACTION WAIVER – PLEASE REVIEW SECTIONS 11 AND 12 CLOSELY BEFORE ACCESSING AND USING THIS WEBSITE.
Upchurch reserves the right to amend or modify these Terms of Use and any modifications of same will be effective from the date of posting of such amendments or modifications to the Website. By continuing to use the Website after any modification or amendment you are agreeing to such changes. These Terms of Use are in addition to and supplement any other agreement between you and Upchurch. These Terms of Use apply to your use of this Website as well as any and all other websites operated by Upchurch, and all services and items offered herein, unless such other website(s) have additional or different terms that directly conflict with these Terms of Use, in which case such additional or different terms shall control as to such other website(s).

The Website is intended for users who are eighteen (18) years of age and older. Upchurch does not knowingly collect personal information from children under eighteen (18) years of age. If Upchurch learns that a child under eighteen (18) years of age has submitted personal information to Upchurch, Upchurch will delete such personal information as soon as possible.

In the event you elect to register on the Website by submitting your name, user name, password, and/or email address, you warrant and represent that you are eighteen (18) years of age. If you are under eighteen (18) years of age and in the event you elect to register on the Website by submitting your name, user name, password, and/or email address, you warrant and represent you have been given consent to do so by your parent or legal guardian, and that you are fully competent to enter into the terms of this Agreement. If you have not been given such permission, you should leave the Website now.

You are solely responsible for your use of the Website and/or the content provided by you or accessed by you on the Website, including the consequences of such use, such as the use of content provided by you or by third parties. In addition, it is your sole responsibility to ensure the confidentiality of your name, user name, password, and/or email address. You further agree to accept responsibility for any actions taken under your name, user name, password, and/or email address, and you understand that Upchurch may use or rely upon any action taken under your name, user name, password, and/or email address. Upchurch shall not be liable to you or any third party for any actions arising out of or resulting from any unauthorized use of your name, user name, password, and/or email address, or any action or failure to act by Upchurch under this provision.

Upchurch is under no obligation to monitor the content of the Website or any other information transmitted to the Website. Upchurch does not guarantee, endorse, or advocate the statements, personal views or the content of any content uploaded by its users, regardless of the originator of such content. Moreover, Upchurch will assume no responsibility for any content on the Website that may be considered to violate applicable trademark and copyright laws; lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal or otherwise inappropriate or objectionable comments, postings, materials or other content; to violate of any applicable state or federal laws, or that a third party could otherwise rely upon to their detriment. Nevertheless, Upchurch reserves the right to exercise its sole discretion to: (a) limit or terminate your access or ability to post comments or other content to the Website, and (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all. Upchurch shall not be responsible for any delay or failure to remove or otherwise edit materials posted by users to the Website. Further, Upchurch reserves the right to take any action it deems necessary, in its sole judgment and discretion, to enforce this Agreement or any other agreement you may have with Upchurch. You agree and understand that you shall bear the risk of any content supplied by you and that Upchurch shall not be liable or otherwise responsible for same.

The Upchurch Privacy Policy details Upchurch’s use and collection of information from you in connection with the use of our Website. Where applicable, your participation in certain offerings on the Website may lead to Upchurch’s collection of information from you; however, Upchurch will inform you in the terms and conditions of such offerings prior to your agreement to participate in same.

The Website may at times provide you a link or otherwise allow you to download and use content (the “Materials”). Users of Materials may also be subject to other terms by parties not affiliated with Upchurch, and the terms of service associated with such Materials. You agree that Upchurch is not responsible for your compliance with such terms.

No license is granted to you with respect to the Materials and you have no intellectual property or other rights in the Materials including, but not limited to, in any copyrights, trade secrets, trademarks, or patents. You agree not to decompile, disassemble, or modify the Materials. You shall not remove or obscure any copyright or other proprietary notices from the Materials. No license is granted to assign, copy, reproduce, sublicense, transfer, or otherwise exploit the Materials. You agree that the owners of the Materials retain all interests and rights in and to the Materials and all copies of the Materials. You further agree that the owners retain all interests and rights to the copyrights in the Materials.
Limitations on Your Use of the Website. You are permitted to use the Website on a limited basis strictly for your internal business use and in accordance with these Terms of Use. You agree that in your use of the Website: (a) You may not intentionally post, create, upload or transmit any code, software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password (if applicable); (d) You will not access or attempt to access any area or section of this Website that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this Website; and (f) You will not employ any bot, code, script, or other technology to scrape, crawl, or otherwise interact with the Website. We may terminate and block your use of this Website at any time in our sole discretion, including if we believe you, your company, or your conduct poses a threat to the security of our business, systems, or operations.
License to Your Materials. Now or in the future, this Website may permit you to submit or upload comments, chat, or other items submitted by you. All of your submissions are collectively referred to as “Your Materials” and you represent and warrant that you have all necessary rights, permissions, and authorizations to provide us access to Your Materials and grant all rights provided for herein regarding Your Materials. When you upload or otherwise submit Your Materials to our Website, you give us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute to third parties Your Materials in any form or format. This license is for the purpose of operating, promoting, and improving the Website and our business, and permitting us to work with and share Your Materials with others as necessary or desirable, as determined by us in our business judgement, to operate the Website and as consistent with our Privacy Policy. This license continues even if you stop using the Website and this Agreement terminates. Some aspects or features of the Website may provide an opportunity to remove or delete some or all of Your Materials, however you understand and agree that such features may not be effective. If you have specific concerns regarding Your Materials, please contact us as described below.
Website Is Provided AS-IS. THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES OR OFFERINGS, AT ANY TIME WITHOUT NOTICE. WE MAY ALSO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON. IN THE EVENT THE WEBSITE CONTAINS ANY NUMERICAL OR CLERICAL ERRORS OR TYPOS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY SUCH INFORMATION OR DATA PROVIDED IN ERROR. ALTHOUGH THE WEBSITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES OR SERVICES, WE ARE NOT RESPONSIBLE OR LIABLE FOR SUCH THIRD PARTY ITEMS.YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE AND/OR ANY FAILURE OF OR DEFECT WITH THE WEBSITE OR INFORMATION OR CONTENT ON THE WEBSITE, OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE, IS FOR YOU TO STOP USING THE WEBSITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OUR OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR ANY RELATED SERVICES OR OTHER ITEMS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THESE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE, WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES OR THE CONTENT TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN ANY EVENT, THE AGGREGATE LIABILITY OF UPCHURCH ARISING OUT OF THESE TERMS OF USE OR YOUR ACCESS AND USE OF THE WEBSITE SHALL NOT EXCEED $100.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS OR ANY OTHER TERM IN THIS AGREEMENT ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
General Information; No Advice Given. THE INFORMATION AND CONTENT ON THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. PRODUCTS AND SERVICES DESCRIBED ON THIS WEBSITE MAY NOT BE APPROPRIATE FOR YOU. THE GENERAL INFORMATION ON THIS WEBSITE MAY NOT BE RELEVANT TO YOUR PARTICULAR CIRCUMSTANCES; WE ENCOURAGE YOU TO SEEK YOUR OWN PROFESSIONAL ADVICE AND MAKE YOUR OWN DECISIONS REGARDING WHAT PRODUCTS AND SERVICES MAY OR MAY NOT BE APPROPRIATE FOR YOU. THE CONTENT WAS DEVELOPED FOR USE IN THE U.S. NEITHER OUR CONTENT PROVIDERS NOR WE MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. WE ARE NOT PROVIDING ADVICE THROUGH THE WEBSITE. IF YOU DECIDE TO USE ANY MATERIAL AVAILABLE ON THE WEBSITE IN ASSESSING WHETHER TO BUY PRODUCTS AND SERVICES DESCRIBED ON THIS WEBSITE, PLEASE BE AWARE THAT THE MATERIAL ON THE WEBSITE REFLECTS PAST PERFORMANCE AND HISTORICAL INFORMATION ONLY, AND THAT SUCH PERFORMANCE AND INFORMATION IS NOT NECESSARILY AN INDICATION OF FUTURE PERFORMANCE.
YOUR RELIANCE UPON GENERAL PURPOSE INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE, LOSS OR INJURY TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE WEBSITE.
Copyright Notice. The Website, including all content on the Website, are owned or licensed by us and/or by third parties with whom we have a contractual relation. The entire contents and design of the Website are protected by U.S. and international copyright law. We grant you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other content and elements of the Website (collectively, the “content”) solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the content solely for your personal and informational use. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from us. You may link to, view, download, use, display and print a single copy of the content only for personal, noncommercial and informational purposes as long as: (a) you do not alter or modify the materials in any way; and (b) you include all applicable copyright, trademark and other notices and disclaimers. We may terminate the above license at any time for any reason. If you breach any term of this Agreement your license terminates immediately, automatically, and without notice. Upon the termination of this license you must stop using this Website including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
Notice of Infringing Images or Content: DMCA Notice. If you believe in good faith that any photos, images, text, or other content appearing on this Website infringes any copyright or other intellectual property right owned by you, please send a notice to:
Upchurch Services, LLC
2606 Baldwin Road
Greenwood, MS 38930
Phone: 662-453-6860
Email: info@upchurchservices.com
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
Trademark Notice. Upchurch’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Upchurch. All rights are reserved. You are not authorized to use any such trademark or service mark in any advertisement, publicity or in any other commercial manner without our prior written consent. All other trademarks and service marks appearing on the Website are the property of their respective owners.
Links to Other Sites and Tools. This Website will include links or references to other companies, websites, tools, applications or other items that provide additional and/or related information or services. We may add, remove, other otherwise change the third parties that are linked or associated with this Website. We are not responsible or liable for the content, acts or omissions of any third party linked site or tool, or for your dealings with such third parties. We are not responsible for the content or privacy practices of other websites or services to which our Website may link. Please review the applicable privacy policy and terms of such websites and services.
Security. We understand that you may provide to us, through the Website, information that you consider confidential. Please read our Privacy Policy for more information about how we collect, use, and disclose your personal information. While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the Website. You agree that Upchurch is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Indemnification. You agree to indemnify, defend, and hold harmless Upchurch, its officers, directors, employees, agents, linked third party providers, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your information.
Jurisdiction and Venue. This Website is controlled and operated within the United States, and is not intended to subject Upchurch to any law or jurisdiction outside of the United States. This Website does not constitute any contract with any jurisdiction outside the State of Mississippi. Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. This Agreement is entered into and performed in the State of Mississippi, United States of America. It is governed by and shall be construed under the laws of the State of Mississippi, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Website, each party irrevocably submits to the personal jurisdiction of the federal and state courts located in Greenwood, MS. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us or the Service Providers in your individual capacity only, and you will not participate in any collective or so-called “class” action against Upchurch or any of the Service Providers.
Website Accessibility. We are committed to providing meaningful access to the information and content on this Website to individuals regardless of ability or disability. If you are having difficulty using the functionalities of this Website please contact our customer service telephone number at 561-863-6550 or email us at info@upchurchservices.com
General; Contact Information. You may not assign any rights or obligations under this Agreement without our prior written consent. We may assign all or part of this Agreement. We reserve the right to change, modify, and update this Agreement at any time and without your consent. Your continued use of the Website after the updated terms have been posted shall constitute your acceptance of such terms. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications and updates, which we will post on this page or a similar page of the Website. If you violate any of the Terms of this Agreement, your authorization to use our Website and all licenses granted herein terminate automatically.
If any of the provisions of this Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. You agree to bring any and all claims involving us or the Service Providers within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Contact Information. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other method.
You may contact us at:
Upchurch Services, LLC
2606 Baldwin Road
Greenwood, MS 38930
Phone: 662-453-6860
Email: info@upchurchservices.com