Terms of Service

Requirements for Using this Website

These terms and conditions govern your use of this website.  By using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Company Structure

FaithFocusFlow® is a division of UPWARD ACTION, LLC. FaithFocusFlow is also a trade name for UPWARD ACTION, LLC in the District of Columbia. All references to UPWARD ACTION, LLC on this website includes the FaithFocusFlow® brand.

License To Use This Website

Unless otherwise stated, UPWARD ACTION LLC and/or their licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from this website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website; or
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning this website without UPWARD ACTION LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without UPWARD ACTION LLC’s express written consent.

Prices and Services

Prices for products sold on this website are subject to change without notice.

UPWARD ACTION, LLC reserves the right at any time to modify or discontinue any product contained on this website without notice at any time.

Restricted Access

Access to specific areas of this website is restricted. UPWARD ACTION, LLC reserves the right to limit access to [other] areas of this website, or indeed this entire website, at UPWARD ACTION, LLC’s discretion.

If UPWARD ACTION, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

UPWARD ACTION, LLC may disable your user ID and password in UPWARD ACTION, LLC’s sole discretion without notice or explanation.

Accuracy of Account and Billing Information

UPWARD ACTION, LLC reserves the right to refuse any order you place with us. UPWARD ACTION, LLC may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

If UPWARD ACTION, LLC makes a change to or cancel an order, UPWARD ACTION, LLC may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. UPWARD ACTION, LLC reserves the right to limit or prohibit orders that, in UPWARD ACTION, LLC’s sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that UPWARD ACTION, LLC can complete your transactions and contact you as needed.

User Content, Comments, Feedback, and Submissions

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose. This provision includes photos of you in UPWARD ACTION, LLC and/or FaithFocusFlow® designs.

You grant to UPWARD ACTION LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to UPWARD ACTION, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or UPWARD ACTION, LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

UPWARD ACTION, LLC reserves the right to edit or remove any material submitted to this website, or stored on UPWRD ACTION, LLC’s servers, or hosted or published upon this website.

Notwithstanding UPWARD ACTION, LLC’s rights under these terms and conditions concerning user content, UPWARD ACTION, LLC does not undertake to monitor the submission of such content to, or the publication of such material on, this website.

If, at the request of UPWARD ACTION, LLC, you send specific submissions (for example contest entries) or without a request from UPWARD ACTION, LLC you send creative ideas, suggestions, or other materials, whether online, by email, by postal mail, in the comment sections of the website or our social media sites, or otherwise, you agree that UPWARD ACTION, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to UPWARD ACTION, LLC.

UPWARD ACTION, LLC is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

UPWARD ACTION, LLC, may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

UPWARD ACTION, LLC takes no responsibility and assumes no liability for any comments posted by you or any third-party.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. UPWARD ACTION, LLC makes no representations or warranties concerning this website or the information and materials provided on this website.

Without prejudice to the generality of the previous paragraph, UPWARD ACTION, LLC does not warrant that:

this website will be continuously available, or available at all; or
the information on this website is complete, accurate or non-misleading.

Nothing on this website constitutes or is meant to represent, advice or counsel of any kind. If you require information concerning any legal, financial or medical matter, you should consult an appropriate professional.

Limitations of Liability

UPWARD ACTION, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) concerning the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if UPWARD ACTION, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or restrict UPWARD ACTION, LLC’s liability in respect of any:

  • death or personal injury caused by UPWARD ACTION, LLC’s negligence;
  • fraud or fraudulent misrepresentation on the part of UPWARD ACTION, LLC; or
  • matter which it would be illegal or unlawful for UPWARD ACTION, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not make any purchases from this website or otherwise use this website.

Other Parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect UPWARD ACTION, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as UPWARD ACTION, LLC.

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify UPWARD ACTION, LLC and undertake to keep UPWARD ACTION, LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by UPWARD ACTION, LLC to a third party in settlement of a claim or dispute on the advice of UPWARD ACTION LLC’s legal advisers) incurred or suffered by UPWARD ACTION, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breach of these Terms of Service

Without prejudice to UPWARD ACTION, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, UPWARD ACTION, LLC may take such action as UPWARD ACTION, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Updates to Terms of Service

UPWARD ACTION, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

UPWARD ACTION, LLC may transfer, sub-contract or otherwise deal with UPWARD ACTION, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other requirements will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be removed, and the rest of the requirement will continue in effect.

Law and Jurisdiction

These terms and conditions will be governed by and construed under laws of the District of Columbia and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the District of Columbia.

Trademarks

UPWARD ACTION, LLC registered trademarks, service marks, word marks, and logos, including the “UpwardAction” logo, “MogulMoxie” logo and “FaithFocusFlow” logo (collectively “UPWARD ACTION, LLC TRADEMARKS”) may not be used or reproduced without permission.

Any individual or organization wishing to use UPWARD ACTION, LLC TRADEMARKS must obtain express written permission from UPWARD ACTION, LLC.

Instructions for Sharing Content from this Website

You may share this website by any of the following means:

1. Using any of the social media share icons at the bottom of each page;

2. Providing a back-link or the URL of the content you wish to share; and

3. Quoting extracts from this website with attribution to www.FaithFocusFlow.com/WearYourFaith

Entire Agreement

These terms and conditions constitute the entire agreement between you and UPWARD ACTION, LLC concerning your use of this website, including all purchases made on this website, and supersede all previous agreements in respect of your use of this website.

Contact Infomation

Send questions about these Terms of Service to us at WeCare @ UpwardAction.com.

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© UPWARD ACTION, LLC 2018