UPRIGHT Trading Terms and Conditions

Last Updated: 7.22.2024

By accessing or using UPRIGHT Trading’s website and services, you agree to be bound by these Terms and Conditions, our Privacy Policy, and any other agreements or disclaimers on our website. If you do not agree to these terms, please do not use our services.

1. Definitions

• “You” or “Your” means the individual or entity accessing or using our services.
• “We,” “Us,” or “UPRIGHT Trading” refers to UPRIGHT Trading LLC, a New York business operating under the laws of the United States and the State of New York; with a place of business at 1029 Lyell Ave Unit #554, Rochester, NY 14606, United States.
• “Services” refers to the products, services, content, features, technologies, or functions offered on our website or through our platform.

2. Free Trials

We offer a one-time free trial to new users so they can experience the benefits of UPRIGHT Trading before subscribing. Attempts to create multiple accounts to exploit the free trial are prohibited and may result in the termination of your account/ban among other possible remedies.

3. Cookies

We use cookies to enhance your experience on our website. By using our website, you consent to the use of cookies in accordance with our Privacy Policy. For more details about the types of cookies we use and their purpose, please refer to our Cookie Policy.

4. License

All intellectual property rights for the content on UPRIGHT Trading are reserved. You are granted a limited, non-exclusive, non-transferable license to access and use our website and services for personal, non-commercial purposes only. You may not republish, sell, rent, reproduce, duplicate, copy, modify, distribute, or create derivative works based on our content without our express written permission.

5. User-Generated Content

You are solely responsible for any content you post on our website. UPRIGHT Trading is not liable for any claims, damages, or losses arising from user-generated content. We may monitor and remove any content that violates these Terms and Conditions.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. UPRIGHT Trading does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of UPRIGHT Trading, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, UPRIGHT Trading shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

UPRIGHT Trading reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You hereby grant UPRIGHT Trading a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in all forms, formats or media.

6. Hyperlinking to Our Content

You may link to our website without prior written approval, provided the link is not deceptive, does not falsely imply sponsorship or endorsement, and fits within the context of your website’s content.

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of UPRIGHT Trading; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to UPRIGHT Trading. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of UPRIGHT Trading’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

7. Content Liability

We are not responsible for any content appearing on your website. You agree to indemnify and hold us harmless from any claims or damages arising from your website’s content or links.

You agree to indemnify and hold UPRIGHT Trading harmless from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Services, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any person or entity.

8. Your Privacy

Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your personal data.

9. Reservation of Rights

We reserve the right to modify these Terms and Conditions, our Privacy Policy, and any other policies on our website at any time. We also reserve the right to request removal of any links to our website.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

10. Disclaimer of Warranties

Our website and services are provided “as is” without any warranties or representations, express or implied. We do not guarantee the accuracy, completeness, or timeliness of the information on our website.

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

To the maximum extent permitted by law, UPRIGHT Trading will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPRIGHT TRADING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Termination

We may terminate or suspend your access to our services at any time, with or without cause or notice, for any reason, including if you violate these Terms and Conditions.

13. Governing Law

These Terms and Conditions are governed by the laws of State of New York and the United States of America.

   14. Dispute Resolution

Any disputes arising from these Terms and Conditions will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Respect others

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

• comply with applicable laws, including export control, sanctions, and human trafficking laws
• respect the rights of others, including privacy and intellectual property rights
• don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others

Don’t abuse our services

You must not abuse, harm, interfere with, or disrupt our services or systems — for example, by:

• introducing malware
• spamming, hacking, or bypassing our systems or protective measures
• accessing or using our services or content in fraudulent or deceptive ways, such as:
  • phishing
  • creating fake accounts or content
  • providing services that appear to originate from you (or someone else) when they actually originate from us
• providing services that appear to originate from us when they do not
• using our services (including the content they provide) to violate anyone’s legal rights, such as intellectual property or privacy rights
• reverse engineering our services or underlying technology, such as our machine learning models, to extract trade secrets or other proprietary information, except as allowed by applicable law
• using automated means to access content from any of our services in violation of the machine-readable instructions on our web pages (for example, robots.txt files that disallow crawling, training, or other activities)
• using AI-generated content from our services to develop machine learning models or related AI technology
• hiding or misrepresenting who you are in order to violate these terms
• providing services that encourage others to violate these terms

In case of problems or disagreements

Warranty disclaimer

We built our reputation on providing useful, reliable products and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated.

The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

DON’T RELY ON THE SERVICES FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY CONTENT REGARDING THOSE TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.

Liabilities

For all users

UPRIGHT Trading isn’t liable for:

• loss of profits, revenues, business opportunities, goodwill, or anticipated savings
• indirect or consequential losses
• punitive damages

15. Modifications to Terms

We may modify these Terms and Conditions at any time. We will notify you of any changes by posting the new Terms and Conditions on our website. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new Terms and Conditions.

16. Contact Us

If you have any questions or concerns regarding these Terms and Conditions, please contact us at [email protected]