Terms Of Use

Modified: April 21, 2022
 

Things Up, LLC (“Company”, “we”, “us” and terms of similar meaning) operates thingsup.com as well as other websites (”Reviews Up”, ”getreviewsup.com”, ”DealerJazz”, ”dealerjazz.com”) Terms of Use (collectively, the “Sites”). By accessing and using the Sites, you accept and agree to comply with and be bound by the following terms and conditions of these Terms of Use, which together with our Privacy Policy, govern the Company’s relationship with you in relation to your use of the Sites. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE OUR SITES.


1. Changes to Terms of Use
Company may update these Terms of Use from time to time without notice. Your continued access and use of the Sites after posting of any such updates will be deemed acceptance of any such modifications.


2. Permitted Uses
You may use the Sites only for the purposes expressly set forth on the Sites and as permitted under these Terms of Use.


3. Conditions of Use
You agree NOT to do any of the following while using the Sites, Services or Company content:

(a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever;

(b) decipher, decompile, disassemble or reverse engineer any of the software used on the Sites, or create derivative works based on the Sites;

(c) apply systems to extract or modify information in the Sites using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”;

(d) knowingly input or post through or to the Sites any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others,

(e) store data on the Sites that is HIPAA regulated or the PCI Data compliant

(f) input or transmit through or to the Sites any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Sites or grant unauthorized access thereto;

(g) use any metadata or other hidden text utilizing an Company trademark, logo URL or product name without Company’s express written consent;

(h) use or access the Sites for purposes of monitoring the availability, performance or functionality of the Sites or for any other benchmarking or competitive purposes; or

(i) cause, assist, allow or permit any third party (including an end-user) to do any of the foregoing;

(j) impersonate or misrepresent your affiliation with any person or entity;

(k) use the Sites to compete with Company in any way;

(l) permit any unauthorized third party to use or access the Sites, or

(m) use the Sites in a manner that is non-compliant with any applicable law.

Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Sites and Services security issues, to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Company has no obligation to monitor your access to or use of Sites


4. Site Communications
You consent to receive text messages in connection with your use of the Sites. You may unsubscribe from receiving text messages at any time by texting STOP in response to any such text message. Text messaging and data rates may apply when you receive messages through your use of the Sites. For unsubscribing email or other accounts please contact us at [email protected]


5. User Accounts
In the course of using the Services, you may be required to provide Company personally identifiable information, including contact information, username and password (“Credentials”). Company handles such information with care and security. You shall be responsible for maintaining and protecting your credentials and passwords in connection with the Services. We ask that contact information related to your account be kept current. You are solely responsible for any activity using your credentials, whether or not you authorized that activity. If you discover any unauthorized use, you agree to notify Company immediately.

If your account is inactive for at least 4 months (as determined by Company), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account.

6. Subscriptions, Fees, Late Payments & Cancellations
Please see Company plans and pricing pages on applicable Sites for information regarding pricing and billing for your select Services. If you have any questions about Company billing policies, please contact us at [email protected] Subscription fees may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change.

All prices are quoted and are payable in United States’ Dollars and, unless otherwise stated. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
 
Your failure to pay undisputed fees when due constitutes a material breach of these Terms. If payment is not made within thirty (30) days of when it is due, Company may, in its sole discretion, choose to do any or all of the following:

(a) charge a late fee on the unpaid balance at (5%) of Services subscription fee; and/or

(b) suspend your access to the Services. Company’s suspension or resumption of the Services does not minimize or prevent Company from pursuing other remedies available.

Enterprise and multi-location plans are outlined as benefitting locations of single business entities (EIN).  ‘Location’ refers to individual branches or rooftops of that entity (EIN) with different geographic locations.  Separate business entities (EIN), require separate Individual (1 location) accounts.

Company Services require NO long term contracts.  Subscriptions are valid in 30 day increments.  Customers may cancel via the billing area on their Site or via email at [email protected]  Company offers no pro-rated refunds. If you cancel your account you will be responsible for any existing subscription charges in full and have access to your account dashboard to the subscription end date.

If you wish to exercise a trial promotion (for example a 5-Day Free Trial), you understand and agree that your use of the Services at no-charge rate will apply only if you cancel your subscription before the trial period expires. At the end of the trial period, your account will be considered active and valid and subject to current subscription charges.


7. Intellectual Property
Company’s intellectual property, including without limitation the Sites, its trademarks and copyrights, are and will remain the exclusive property of Company and its licensors. No licenses or rights are granted to you except for the limited rights expressly granted in these Terms of Use.


8. Third Party Websites
From time to time the Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Company endorses the website(s). Company will not be responsible and expressly disclaims any liability for any such third party websites linked to from the Sites.
 


9. Disclaimers
COMPANY DOES NOT WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT COMPANY WILL CORRECT ALL ERRORS OR THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE SITES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES.


10. Limitations of Liability
SUBJECT TO SECTION #9 BELOW, YOU EXPRESSLY AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


11. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
 


12. Indemnification
You agree to defend, indemnify, and hold Company, its partners, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Company Content, or your violation of these Terms of Use.

 

13. Copyright Privacy Policy
We respect the intellectual property rights of others and expect our users to do the same. The collection, use and storage of your personal information is governed by our Privacy Policy located at https://www.thingsup.com/privacy The Privacy Policy is incorporated into these Terms in its entirety.


14. Terms and Conditions
If you are accessing and using the Sites on behalf of a Company customer, your use of the Sites is also subject to the Company’s Terms and Conditions.


15. Governing Law, Jurisdiction and Venue
These Terms of Use will be governed by and construed in all respects in accordance with the laws of the state of Texas, without regard to its conflicts of laws principles. Each party hereby consents to the exclusive venue and jurisdiction of the federal or state courts located in Collins County, Texas.


16. Sever Ability, Waiver and Amendment
If any provision of these Terms of Use are held by a court of competent jurisdiction to be unenforceable or invalid, such provision will be changed and interpreted as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect. No waiver of any term or right in these Terms of Use will be effective unless made in writing and signed by an authorized representative of the waiving party. Any waiver or failure to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.

17. Changes to Services or Terms
Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Sites or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the 


18. Consumer Financial Protection Compliance
Company adheres and reinforces all practices to ensure authentic and accurate distribution of consumer reviews as detailed by local, state and federal law.  Our company platforms are developed and managed to ensure best practices (i.e. those consumers submitting positive or negative reviews, feedback and comments) on our Company sites.  To learn more about active reputation compliance click here.

 
19. Contact Us
If you have any questions about these Terms, please contact Company at [email protected] or via mail at 1275 Glenlivet Drive Suite 100 Allentown, PA
 
 
Modified on April 21, 2022
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