MOBILE APP TERMS AND CONDITIONS OF USE
Updated August 30, 2020
Sports Tech Advisors LLC provides certain services under the brand name of Upside Global. The Upside Global mobile app is provided to and may only be used by eligible Sports Tech Advisors LLC members.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS MOBILE SERVICE. THIS MOBILE SERVICE IS MADE AVAILABLE TO USERS ON THE BASIS OF THESE TERMS AND CONDITIONS. BY DOWNLOADING, ACCESSING, BROWSING OR USING THIS MOBILE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Sports Tech Advisors LLC reserves the right, in its discretion, to update or revise these Terms and Conditions and to post such updated or revised Terms and Conditions.
If you do not agree to these Terms and Conditions, please do not use any Mobile Services. Please check the Terms and Conditions periodically for changes. Your continued use of any The Upside Global mobile app following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
To enable Sports Tech Advisors LLC to provide relevant information to you through the Mobile Services, the information that you provide should be true, accurate, current and complete.
DISCLAIMER AND LIMITATION OF LIABILITY:
There is no guarantee or warranty, express or implied
(a) of the completeness or accuracy of the data you access, including without limitation, implied warranties of satisfactory quality, fitness for a particular purpose, and
(b) that access will be uninterrupted, timely, secure or error free, that defects will be corrected, or that The Upside Global mobile app or the server that makes them available are free of viruses.
You acknowledge that The Upside Global mobile app are provided “as is” and “as available” for your use. Under no circumstances will Sports Tech Advisors LLC be liable for any loss or damage, including, without limitation, special, indirect, punitive or consequential loss or damage, loss of profits, howsoever arising. You agree that Sports Tech Advisors LLC shall not be responsible for unauthorized access to or alteration of your data, or any transactions entered into through the Mobile Services.
IMODIFICATIONS AND CHARGES:
Sports Tech Advisors LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, or impose or change any fees or charges for use of the Mobile Services, with or without notice, or in accordance with the terms of the separate service agreement with Sports Tech Advisors LLC, that governs your eligibility for Sports Tech Advisors LLC products and services (“Service Agreement”).
Termination of your Service Agreement shall terminate your eligibility for all Sports Tech Advisors LLC services including the Mobile Services.
The Upside Global mobile app products provided by Sports Tech Advisors LLC will generate mobile data usage. The amount of data usage will vary greatly depending on the frequency and duration of use. Sports Tech Advisors LLC highly recommends that you subscribe to a “data plan” through your mobile carrier if you elect to utilize the Mobile Services. Substantial data usage fees may be charged in the absence of a “data plan” or in the event that you exceed your “data plan’s” monthly allotment. It is your responsibility to be aware of the details of your account with your mobile carrier including what will result in a fee being charged. The terminology used above may vary from carrier to carrier. “International roaming” may increase these fees. If you have any question whether the usage of The Upside Global mobile app will result in a charge or increase in/on your phone bill, please contact your mobile carrier. In no event shall Sports Tech Advisors LLC be responsible for any charges, penalties, taxes, overages, or any other fee imposed by your mobile carrier as a result of your use of the Mobile Services.
THIRD PARTY INFORMATION AND LINKS:
GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms and Conditions are governed by the laws of the country specified in the Service Agreement that makes you an eligible user of the Mobile Services. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved pursuant to the dispute resolution clause specified in the Service Agreement. If there is no applicable clause or valid Service Agreement, these Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America and any dispute shall be referred to and finally resolved by arbitration in the United States of America.