ORDERS ARE PROCESSED AND DELIVERED ON MONDAY THROUGH FRIDAY (EXCLUDING NATIONAL HOLIDAYS). ANY ORDER PLACED AFTER 12PM EST WILL BE PROCESSED ON THE NEXT BUSINESS DAY. THIS MEANS THAT ANY ORDER PLACED AFTER 12PM ON A FRIDAY, WILL BE PROCESSED THE FOLLOWING MONDAY. WE ARE NOT HELD ACCOUNTABLE FOR ANY DELAYS THAT MAY OCCUR. ORDERS WITH DIFFERENT BILLING AND SHIPPING MAY TAKE LONGER IN ORDER TO FOLLOW OUR VERIFICATION PROCESS. ORDERS CANNOT BE UPDATED, ONCE PLACED. WE RESERVE THE RIGHT TO CANCEL ANY ORDER.

Upscale Weirdo LLC ONLINE PURCHASES ARE SHIPPED VIA UPS/FED EX FROM Atlanta georgia. UPSCALE WEIRDO LLC IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED SHIPMENTS. SHOULD THE BUYER ENCOUNTER AN ISSUE WITH RECEIVING A PACKAGE, THE BUYER ASSUMES ALL RESPONSIBILITIES OF CLAIMS MADE WITH THE SHIPPING CARRIER. 

WE OFFER THE FOLLOWING SHIPPING METHODS:

COMPLIMENTARY SHIPPING (DELIVERED 8 -14 BUSINESS DAYS AFTER ORDER IS SHIPPED)

DO YOU SHIP INTERNATIONALLY?

INTERNATIONAL SHIPPING IS CURRENTLY AVAILABLE WORLDWIDE. SHIPPING RATES FOR INTERNATIONAL ORDERS WILL BE CALCULATED AT CHECKOUT.

DO I HAVE TO PAY DUTIES AND TAXES?

TO CREATE A BETTER DELIVERY EXPERIENCE FOR YOU, WE SHIP ALL INTERNATIONAL ORDERS DELIVERED DUTY PAID (DDP). BY SHIPPING DDP, DUTIES AND TAXES ARE COLLECTED DIRECTLY AT CHECKOUT SO THAT YOUR PACKAGE IS NOT STOPPED AND HELD BY CUSTOMS.

PLEASE NOTE THAT DUTIES AND TAXES ASSESSED BY CUSTOMS VARY BY COUNTRY AND PRODUCT.

HOW CAN I TRACK MY PACKAGE?

ONCE YOUR ORDER HAS BEEN FULFILLED, YOU WILL RECEIVE AN EMAIL FROM US WITH YOUR TRACKING INFORMATION.

WHEN WILL I RECEIVE MY ORDER?

WE WANT YOU TO RECEIVE YOUR ORDER AS FAST AS POSSIBLE!

ORDERS ARE TYPICALLY DELIVERED WITHIN 8 -14 BUSINESS DAYS ONCE THE ORDER HAS BEEN FULFILLED. ONCE YOUR ORDER HAS BEEN FULFILLED, THE ESTIMATED DELIVERY DATE WILL BE SHOWN ON YOUR TRACKING PAGE.

PLEASE NOTE IF YOUR PACKAGE IS MARKED DELIVERED AND YOU STILL HAVE NOT RECEIVED YOUR ORDER, PLEASE ALLOW 3 BUSINESS DAYS AFTER THE ORDER WAS MARKED DELIVERED TO BEGIN AN INVESTIGATION WITH OUR CUSTOMER SERVICE TEAM. *PLEASE NOTE CUSTOMERS WILL BE GRANTED AN ONLINE GIFT CARD EQUAL TO THE AMOUNT PAID FOR THE ITEM(S) THAT ARE DEEMED LOST/STOLEN.

IF YOU HAVE ANY FURTHER QUESTIONS REGARDING LOST PACKAGES, PLEASE CONTACT US AT upscaleweirdo@gmail.com

IF YOU WOULD LIKE TO EXCHANGE YOUR ITEM(S) FOR A DIFFERENT SIZE OR COLOR, PLEASE RETURN THE PURCHASED ITEM FOR A REFUND AND PLACE A NEW ORDER FOR THE DESIRED ITEM.

ANY ORDER THAT IS NOT ABLE TO BE DELIVERED BY UPS WILL BE RETURNED TO Us AND TREATED AS A RETURN. THE CUSTOMER WILL BE GIVEN A FULL CREDIT FOR THE ITEM(S) PURCHASED. SHIPPING COSTS ARE NOT REFUNDED.

REFUNDS

ALL REFUNDS ISSUED WILL BE ISSUED ON THE A GIFT CARD. NO EXCEPTIONS

ORDERS CAN BE PLACED ON OUR WEBSITE 24/7. BROWSE OUR ITEMS AND CLICK “ADD TO CART” WHEN YOU ARE READY TO PURCHASE. ONCE YOU ARE FINISHED ADDING THE ITEM(S), CLICK ON THE CART SYMBOL AT THE TOP RIGHT AND THEN CHECKOUT. YOU WILL FILL OUT THE NECESSARY INFORMATION REQUESTED AND THEN CLICK THE PLACE ORDER BUTTON. YOU CAN ALWAYS SAVE YOUR SHIPPING AND BILLING INFORMATION ALONG WITH YOUR CREDIT CARD TO SPEED UP THE CHECKOUT PROCESS IN THE FUTURE. ONCE YOUR ORDER IS PLACED, YOU WILL RECEIVE AN EMAIL CONFIRMATION. AN ADDITIONAL EMAIL WILL BE SENT WHEN THE ORDER SHIPS WITH TRACKING INFORMATION. 

ONCE AN ORDER IS PLACED, WE ARE UNABLE TO CANCEL OR MODIFY IT. PLEASE REACH OUT TO CUSTOMER SERVICE IF YOU HAVE ANY CONCERNS. 

YOU CAN REACH US MONDAY THROUGH FRIDAY VIA EMAIL AT upscaleweirdo@gmail.com. PLEASE NOTE WE MAY BE SLOWER TO RESPOND DURING THE HOLIDAYS. 

WE MAKE AN EFFORT TO FULFILL YOUR ENTIRE ORDER, BUT THERE MAY BE A RARE OCCASION WE NEED TO CANCEL ONE OR MORE ITEMS. IF WE ARE UNABLE TO FULFILL YOUR ENTIRE ORDER, YOU WILL BE NOTIFIED VIA EMAIL OF THE OUT-OF-STOCK MERCHANDISE. YOU WILL NOT BE CHARGED FOR UNSHIPPED ITEM(S). 

UNFORTUNATELY, NOT, YOU WILL NEED TO PLACE AN ENTIRE NEW ORDER FOR ANYTHING YOU WISH TO PURCHASE. 

YOU WOULD NEED TO CONTACT YOUR BANK OR CREDIT CARD COMPANY FOR MORE INFORMATION. IT COULD BE THAT YOUR BILLING ADDRESS IS NOT MATCHING WITH YOUR CREDIT CARD OR YOU ENTERED THE INFORMATION INCORRECTLY. 

UNFORTUNATELY, WE DO NOT TAKE ORDERS OVER THE PHONE. ORDERS ARE ONLY PLACED ON OUR SITE. 

IF YOU CREDIT CARD IS NOT APPROVED, YOUR BANK WILL AUTOMATICALLY DEDUCT THE MONEY FROM YOUR AVAILABLE BALANCE ALTHOUGH IT IS NOT ACTUALLY TAKEN FROM YOUR ACCOUNT UNTIL WE DISPATCH THE ORDER. IF WE DO NOT DISPATCH THE ORDER, WE DO NOT CHARGE YOU AND THE MONEY WILL BE AUTOMATICALLY PUT BACK INTO YOUR ACCOUNT. THIS CAN TAKE 5-7 BUSINESS DAYS. 

WE ACCEPT APPLE PAY, GOOGLE PAY, VISA, MASTERCARD, DISCOVER, AMEX, AND PAYPAL.

*PLEASE NOTE: YOUR BILLING ADDRESS MUST MATCH EXACTLY AS IT IS APPEARS ON YOUR CREDIT CARD STATEMENT. THIS INFORMATION IS USED AS PART OF THE VALIDATION PROCESS FOR YOUR CREDIT CARD PAYMENT. ALL ORDERS ARE SUBJECT TO REVIEW. WE RESERVE THE RIGHT TO CANCEL ANY ORDER.

IF YOU RECEIVED A DISCOUNT CODE YOU CAN ENTER THIS INFORMATION DURING THE CHECKOUT PROCESS. THE FIELD FOR THE CODE IS LOCATED ON THE PAGE WHERE YOU ENTER YOUR CREDIT CARD INFORMATION. ONLY ONE COUPON CODE CAN BE USED AT A TIME. 

PLEASE DOUBLE CHECK THAT YOU ARE ENTERING IT CORRECTLY. THE PROMOTION COULD HAVE EXPIRED. FOR MORE ASSISTANCE, PLEASE CONTACT CUSTOMER SERVICE. 

 IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY SWEEPSTAKES, CONTESTS, GAMES OR SIMILAR PROMOTIONS (COLLECTIVELY, "PROMOTIONS") MADE AVAILABLE THROUGH THE SITE MAY BE GOVERNED BY SPECIFIC RULES THAT ARE SEPARATE FROM THIS AGREEMENT. BY PARTICIPATING IN ANY SUCH PROMOTION, YOU WILL BECOME SUBJECT TO THOSE RULES, WHICH MAY VARY FROM THE TERMS AND CONDITIONS SET FORTH HEREIN. Upscale weirdo llc URGES YOU TO REVIEW ANY SPECIFIC RULES APPLICABLE TO A PARTICULAR PROMOTION, WHICH WILL BE LINKED FROM SUCH PROMOTION, AND TO REVIEW OUR PRIVACY POLICY WHICH, IN ADDITION TO THIS AGREEMENT, GOVERNS ANY INFORMATION YOU SUBMIT IN CONNECTION WITH SUCH ACTIVITIES. TO THE EXTENT THAT THE TERMS AND CONDITIONS OF SUCH RULES CONFLICT WITH THIS AGREEMENT, THE TERMS AND CONDITIONS OF SUCH RULES SHALL CONTROL WITH RESPECT TO THE PARTICULAR PROMOTION.

WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD, OR PER 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. IN THE EVENT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE WILL ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS. 

AT TIMES, WE MAY ASK YOU TO PROVIDE INFORMATION ABOUT YOURSELF IN ORDER TO BETTER SERVE YOU. FOR EXAMPLE, SOME OF THE INFORMATION COLLECTED MAY INCLUDE NAME, TITLE, ADDRESS, PHONE NUMBER, EMAIL ADDRESS, AND PERSONAL INFORMATION CONCERNING YOUR INTERESTS, OCCUPATION, GENDER AND OTHER DEMOGRAPHIC INFORMATION. WE DO NOT REQUIRE THIS INFORMATION TO OBTAIN ACCESS TO ANY AREA OF OUR SITE, HOWEVER, YOU ARE REQUIRED TO CREATE A NEW ACCOUNT OR LOGIN AS A REGISTERED USER PRIOR TO ORDERING ANY PRODUCTS ON OUR SITE. IF YOU WISH TO CORRECT OR REMOVE YOUR ACCOUNT INFORMATION, PLEASE FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION TITLED “UPDATING OR DELETING INFORMATION COLLECTED ABOUT YOU”.

WE ALSO MAKE USE OF WEBSITE “COOKIES” TO HELP YOU USE OUR SERVICES MORE EASILY AND TO HELP US CONTINUOUSLY IMPROVE OUR SITE AND OUR SERVICE TO YOU. A “COOKIE” IS A SMALL DATA FILE THAT A WEBSITE CAN SEND TO YOUR BROWSER, WHICH MAY THEN BE STORED ON YOUR COMPUTER TO HELP OUR SITE “REMEMBER” INFORMATION ABOUT YOU TO MAKE IT EASIER AND MORE EFFICIENT TO USE OUR SITE. OUR SITE EMPLOYS SESSION COOKIES. A SESSION COOKIE DOES NOT REMAIN ON YOUR COMPUTER AFTER YOU CLOSE YOUR WEB BROWSER WINDOW. OUR SESSION COOKIES CONTAIN NONE OF YOUR PERSONAL INFORMATION AND CANNOT BE USED TO TRACK YOU AROUND THE INTERNET. OUR SESSION COOKIES CAN ONLY BE USED BY THIS SITE AND THEY ONLY EXIST FOR THE DURATION OF YOUR VISIT. DEPENDING ON THE SETTINGS IN YOUR BROWSER, YOU MAY HAVE THE OPTION TO DENY THE SESSION COOKIE; HOWEVER, DOING SO MAY NEGATIVELY IMPACT UPON THE PERFORMANCE OF THE SITE OR RESTRICT US IN BETTER SERVING YOUR NEEDS AND INTERESTS. THE “HELP” PORTION OF THE TOOLBAR ON MOST BROWSERS WILL TELL YOU HOW TO PREVENT YOUR BROWSER FROM ACCEPTING NEW COOKIES, HOW TO HAVE THE BROWSER NOTIFY YOU WHEN YOU RECEIVE A NEW COOKIE, OR HOW TO DISABLE COOKIES ALTOGETHER.

CO-BRANDED PAGES: WE MAY ALSO OBTAIN INFORMATION ABOUT YOU FROM OTHER SOURCES AND COMBINE THAT WITH INFORMATION WE COLLECT ABOUT YOU. FOR EXAMPLE, WE COLLECT INFORMATION FROM THE U.S. POSTAL SERVICE'S NATIONAL CHANGE OF ADDRESS DATABASE TO VERIFY AND UPDATE MAILING ADDRESSES.  WE ALSO MAY ENTER INTO RELATIONSHIPS WITH “POWERED BY” PARTNERS, BUSINESS PARTNERS, SPONSORS, AND CO-BRANDED SITES (REFERRED TO HERE AS “CO-BRANDED PAGES”).  THESE MIGHT INCLUDE, FOR EXAMPLE, PAGES THAT SHARE OUR NAME AND THAT OF ANOTHER ENTITY.  YOU SHOULD LOOK FOR A SPECIFIC PRIVACY POLICY ON ANY SUCH CO-BRANDED PAGE.  ANY PERSONALLY IDENTIFYING INFORMATION THAT YOU PROVIDE WHEN SIGNING UP AT ANY CO-BRANDED PAGE MAY BE COLLECTED BY, OR SHARED WITH, OUR THIRD-PARTY PARTNER.  WE HAVE NO CONTROL OVER, AND ARE NOT RESPONSIBLE FOR, OUR PARTNERS’ USE OF YOUR PERSONALLY IDENTIFYING INFORMATION.  YOU SHOULD CHECK OUR POSTED PARTNERS’ WEBSITES FOR INFORMATION REGARDING THEIR PRIVACY POLICIES.

TRANSACTIONS WITH E-COMMERCE PARTNERS, VENDORS AND ADVERTISERS: WHEN YOU PROVIDE PERSONALLY IDENTIFIABLE INFORMATION TO ONE OF OUR SITE'S E-COMMERCE PARTNERS, VENDORS OR ADVERTISERS, THIS TRANSACTION WILL OCCUR IN CONNECTION WITH THE SITE OF THE E-COMMERCE PARTNER, VENDOR OR ADVERTISER, NOT ON THE SITE,  AND, AS SUCH, THE PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE IS COLLECTED PURSUANT TO AND CONTROLLED BY THE PRIVACY POLICY OF SUCH E-COMMERCE PARTNER, VENDOR OR ADVERTISER.  UPSCALE WEIRDO LLC IS NOT RESPONSIBLE FOR SUCH PARTIES' PRIVACY POLICIES AND WE ENCOURAGE YOU TO FAMILIARIZE YOURSELF WITH THE APPLICABLE PRIVACY POLICY OF THE E-COMMERCE SITE WITH WHICH YOU TRANSACT BUSINESS OR TO CONTACT THE OPERATOR OF SUCH SITE FOR MORE INFORMATION. PLEASE BE AWARE THAT AT TIMES, AT THE REQUEST OF OR ON BEHALF OF OUR E-COMMERCE PARTNERS, VENDORS OR ADVERTISERS, UPSCALE WEIRDO LLC MAY "PRE-POPULATE" FORMS WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION FOR YOUR REVIEW. ACCORDINGLY, WE ENCOURAGE YOU TO REVIEW EACH PRE-POPULATED FORM CAREFULLY BEFORE AGREEING TO SUBMIT YOUR PERSONALLY IDENTIFIABLE INFORMATION TO DETERMINE WHO IS SEEKING TO COLLECT YOUR INFORMATION, AND TO FAMILIARIZE YOURSELF WITH THE APPLICABLE PRIVACY POLICY GOVERNING USE OF ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED ABOUT YOU.

THIRD PARTY LINKS: THE SITE MAY CONTAIN LINKS TO THIRD-PARTY INTERNET WEBSITES, WHICH ARE NOT OWNED OR OPERATED BY upscale Weirdo LLC. WE PROVIDE SUCH LINKS ONLY AS A CONVENIENCE, AND THE INCLUSION OF A LINK ON THE SITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY UPSCALE WEIRDO LLC. IF YOU PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH ANY SUCH THIRD-PARTY WEBSITE, YOUR TRANSACTION WILL OCCUR ON SUCH THIRD PARTY'S WEBSITE (NOT THE SITE) AND THE PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE WILL BE COLLECTED BY, AND CONTROLLED BY THE PRIVACY POLICY OF, THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH THIRD-PARTY WEBSITES, INCLUDING SUCH WEBSITES' USE OF ANY PERSONALLY IDENTIFIABLE INFORMATION THAT YOU PROVIDE TO THEM. WE STRONGLY ENCOURAGE YOU TO BECOME FAMILIAR WITH THE PRIVACY PRACTICES OF THOSE SITES.  UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY WHATSOEVER FOR THE ACTIVITIES CONDUCTED BY OR AT ANY WEBSITE ACCESSED FROM OR THROUGH THE SITE.

 WE RESERVE THE RIGHT AT ANY TIME TO SUSPEND, MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PORTION OF THE SITE WITH OR WITHOUT CAUSE AND WITH OR WITHOUT PRIOR NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUSPENSION, MODIFICATION OR DISCONTINUANCE. ANY VIOLATION BY YOU OF THIS AGREEMENT MAY RESULT IN CORRECTIVE ACTION BY US, IN OUR SOLE DISCRETION, INCLUDING DISCONNECTION OR DISCONTINUANCE OF YOUR MEMBERSHIP, OR TERMINATION OF THIS AGREEMENT.

PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL INFORMATION TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (“CALIFORNIA CUSTOMER”) IS ENTITLED TO REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL INFORMATION, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL INFORMATION WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL INFORMATION THAT WERE DISCLOSED.

HOWEVER, UNDER THE LAW, A BUSINESS IS NOT REQUIRED TO PROVIDE THE ABOVE-DESCRIBED LISTS IF THE BUSINESS ADOPTS AND DISCLOSES TO THE PUBLIC (IN ITS PRIVACY POLICY) A PRIVACY POLICY OF NOT DISCLOSING CUSTOMER’S PERSONAL INFORMATION TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES UNLESS THE CUSTOMER FIRST AFFIRMATIVELY AGREES TO THE DISCLOSURE, AS LONG AS THE BUSINESS MAINTAINS AND DISCLOSES THIS PRIVACY POLICY. RATHER, THE BUSINESS MAY COMPLY WITH THE LAW BY NOTIFYING THE CUSTOMER OF HIS OR HER RIGHT TO PREVENT DISCLOSURE OF PERSONAL INFORMATION AND PROVIDING A COST FREE MEANS TO EXERCISE THAT RIGHT.

AS STATED IN THIS PRIVACY POLICY, WE DO NOT SHARE INFORMATION WITH THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES UNLESS YOU AFFIRMATIVELY AGREE TO SUCH DISCLOSURE — TYPICALLY BY OPTING IN TO RECEIVE INFORMATION FROM A THIRD PARTY THAT IS PARTICIPATING IN A SWEEPSTAKES OR OTHER PROMOTION ON ONE OF OUR SITES. IF YOU DO ASK US TO SHARE YOUR INFORMATION WITH A THIRD PARTY FOR ITS MARKETING PURPOSES, WE WILL ONLY SHARE INFORMATION IN CONNECTION WITH THAT SPECIFIC PROMOTION, AS WE DO NOT SHARE INFORMATION WITH ANY THIRD PARTY ON A CONTINUAL BASIS. TO PREVENT DISCLOSURE OF YOUR PERSONAL INFORMATION FOR USE IN DIRECT MARKETING BY A THIRD PARTY, DO NOT OPT IN TO SUCH USE WHEN YOU PROVIDE PERSONALLY IDENTIFIABLE INFORMATION ON ONE OF OUR SITES. PLEASE NOTE THAT WHENEVER YOU OPT IN TO RECEIVE FUTURE COMMUNICATIONS FROM A THIRD PARTY, YOUR INFORMATION WILL BE SUBJECT TO THE THIRD PARTY’S PRIVACY POLICY. IF YOU LATER DECIDE THAT YOU DO NOT WANT THAT THIRD PARTY TO USE YOUR INFORMATION, YOU WILL NEED TO CONTACT THE THIRD PARTY DIRECTLY, AS WE HAVE NO CONTROL OVER HOW THIRD PARTIES USE INFORMATION. YOU SHOULD ALWAYS REVIEW THE PRIVACY POLICY OF ANY PARTY THAT COLLECTS YOUR INFORMATION TO DETERMINE HOW THAT ENTITY WILL HANDLE YOUR INFORMATION.

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA SITE USERS ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.

FOR OUR SITES THAT OFFER USER REGISTRATION, WE MAY RETAIN THIS INFORMATION ON A SECURE SERVER SO THAT ON RE-VISITING OUR SITE, YOU WILL NOT NEED TO RE-ENTER THAT INFORMATION. WE MAY USE THIS INFORMATION IN AN AGGREGATED FORM TO MEASURE NUMBER OF VISITS, AVERAGE TIME SPENT ON THE SITE, PAGES VIEWED, AND OTHER RELEVANT STATISTICS. WE COLLECT THIS INFORMATION TO MEASURE THE USE OF OUR SITE AND TO IMPROVE THE CONTENT OF OUR SITE.

WE MAY REQUEST YOU TO “OPT-IN” TO RECEIVE CERTAIN COMMUNICATIONS FROM THE SITE. WE WILL NOT SEND UNSOLICITED MESSAGES TO YOU CONCERNING PROMOTIONS OR NEW PRODUCTS OR OTHER MARKETING MATERIAL UNLESS YOU HAVE OPTED-IN. IF, AFTER YOU HAVE OPTED-IN, YOU NO LONGER WISH TO RECEIVE SUCH COMMUNICATIONS FROM US PLEASE FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION TITLED HOW CAN I “OPT-OUT” OF RECEIVING E-MAIL COMMUNICATIONS. PLEASE NOTE THAT YOUR REQUEST TO STOP RECEIVING THESE COMMUNICATIONS MAY NOT PREVENT US FROM SENDING SUCH MESSAGES THAT WERE GENERATED PRIOR TO THE TIME WE WERE ABLE TO PROCESS YOUR REQUEST.

AT TIMES, WE MAY REQUEST YOU TO PROVIDE PERSONALLY IDENTIFIABLE INFORMATION TO IDENTIFY YOU AS A USER OF THE SITE AND TO ASSIST AND SPEED THE COMPLETION OF TRANSACTIONS ON THE SITE. WE MAY ALSO USE INFORMATION COLLECTED ABOUT YOUR PREFERENCES AND ACTIVITIES AT THE SITE, SUCH AS THE PARTICULAR PAGES YOU REQUEST AT THE SITE AND PURCHASES OR OTHER TRANSACTIONS YOU EFFECT THROUGH THE SITE. WE MAY VARY THE CONTENT YOU RECEIVE IN FUTURE VISITS TO THE SITE BASED ON YOUR PREFERENCES AND ACTIVITIES.

WE WILL NOT DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO ANY PERSONS OR ENTITIES OUTSIDE OF OUR COMPANY, NOR LEASE, LICENSE, SUBLICENSE, RENT, TRANSFER, DISCLOSE, DISSEMINATE OR OTHERWISE GRANT ACCESS TO SUCH INFORMATION UNLESS:

YOU HAVE BEEN GIVEN AN OPPORTUNITY TO “OPT-IN” AND HAVE AGREED TO OPT-IN TO SUCH DISCLOSURE OF YOUR INFORMATION

ii.WE MUST SHARE YOUR INFORMATION IN ORDER TO PROVIDE A PRODUCT OR SERVICE THAT YOU HAVE ORDERED OR REQUESTED, IN WHICH CASE WE WILL REQUIRE THAT ANY THIRD PERSON OR ENTITY WE USE TO FULFILL YOUR ORDER AGREES THAT IT DOES NOT HAVE THE RIGHT TO USE YOUR INFORMATION OTHER THAN TO FULFILL YOUR ORDER OR REQUEST; OR

iii.WE ARE REQUIRED TO RESPOND TO SUBPOENA, COURT ORDERS OR OTHER REQUIREMENT OF LAW WHICH REQUIRES DISCLOSURE OF YOUR INFORMATION.

WE MAY COMBINE YOUR PERSONALLY IDENTIFYING INFORMATION AND INFORMATION ABOUT YOUR PREFERENCES AND ACTIVITIES, WITH THOSE OF ALL OR A PARTICULAR GROUP OF OUR USERS TO PREPARE COLLECTIVE PROFILES OF OUR USERS AND THEIR ACTIVITIES FOR OUR INTERNAL USE. FOR EXAMPLE, WE MAY TRACK THE NUMBER OF OUR USERS WHO VIEW CERTAIN PAGES OR USE CERTAIN FEATURES OR COMPILE THE TOTAL DOLLAR AMOUNT OF SALES CONDUCTED THROUGH THE SITE IN A PARTICULAR GEOGRAPHIC REGION OR TO TRACK PURCHASING TRENDS. SUCH INFORMATION, AND OTHER INFORMATION WE DERIVE FROM INDIVIDUAL USERS’ INFORMATION, ALLOWS US TO CONTINUE TO GROW AND PROVIDE YOU WITH QUALITY INFORMATION THROUGH MORE ACCURATE MARKETING AND ADVERTISING OF THE SITE. WE MAY SHARE AGGREGATED INFORMATION CONCERNING OUR USERS, WITHOUT ATTRIBUTION OF PERSONAL INFORMATION, TO OTHER COMPANIES WITH WHOM WE CONDUCT BUSINESS.

IF YOU DO NOT WISH TO RECEIVE EMAIL MESSAGES FROM US, PLEASE CHOOSE “UNSUBSCRIBE” FROM WITHIN THE EMAIL THAT YOU RECEIVE.

WE EMPLOY PROCEDURAL AND TECHNICAL SAFEGUARDS TO SECURE YOUR PERSONAL INFORMATION AGAINST LOSS, THEFT, ALTERATION, AND UNAUTHORIZED ACCESS, USE AND DISCLOSURE. ANY INFORMATION YOU ENTER ON OUR ACCOUNTS SETUP PAGE IS ENCRYPTED BEFORE TRANSMISSION TO OUR SERVER BY USING ENCRYPTION SOFTWARE. YOU CAN SAFELY ENTER YOUR CREDIT CARD AND PERSONAL REGISTRATION INFORMATION AND IT CANNOT BE READ IN TRANSIT TO OUR SERVER. WE ALSO EMPLOY MANY SECURITY PROCEDURES TO PROTECT YOUR INFORMATION FROM UNAUTHORIZED ACCESS BY USERS INSIDE AND OUTSIDE THE COMPANY. REGARDLESS OF THE PRECAUTIONS TAKEN BY US WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU TRANSMIT SUCH INFORMATION AT YOUR OWN RISK.

USE ONLY SECURE WEBSITES WHEN DISCLOSING YOUR INFORMATION. SECURE PAGES BEGIN WITH “HTTPS”.

AVOID USING EASY TO FIGURE OUT ACCESS AND PERSONAL ID (PIN) CODES.

NEVER RESPOND TO UNSOLICITED REQUESTS FOR YOUR SOCIAL SECURITY NUMBER OR FINANCIAL INFORMATION.

DO NOT DISCLOSE YOUR PASSWORDS TO THE SITE OR YOUR ACCOUNT INFORMATION TO ANY OTHER PERSON.

BE SURE TO SIGN OFF WHEN FINISHED USING A SHARED COMPUTER.

VISIT WWW.ONGUARDONLINE.GOV FOR TIPS FROM THE FEDERAL TRADE COMMISSION ON PROTECTING KIDS’ PRIVACY ONLINE.  WE DO NOT SEEK TO COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER THE AGE OF 13 WITHOUT PRIOR VERIFIABLE PARENTAL CONSENT. IF WE BECOME AWARE THAT WE HAVE INADVERTENTLY RECEIVED SUCH INFORMATION ONLINE FROM A CHILD UNDER THE AGE OF 13, WE WILL DELETE IT FROM OUR RECORDS. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US. IF YOU ARE THE PARENT OR GUARDIAN OF A PERSON UNDER THE AGE OF 13 WHO HAS PROVIDED PERSONALLY IDENTIFIABLE INFORMATION TO US, PLEASE INFORM US BY CONTACTING US AT upscaleweirdo@gmail.com‬ AND WE WILL REMOVE SUCH INFORMATION FROM OUR DATABASE. IF YOU ARE CONCERNED ABOUT YOUR CHILDREN’S USE OF THE SITE, YOU MAY USE WEB FILTERING TECHNOLOGY TO SUPERVISE OR LIMIT ACCESS TO THE SITE.

YOU AGREE TO RESPECT THE RIGHTS OF OTHERS AND EXERCISE GOOD JUDGMENT IN USING THE SITE. YOU AGREE THAT YOU WILL NOT: 

RESTRICT OR INHIBIT ANY OTHER VISITOR FROM USING THE SITE, INCLUDING, WITHOUT LIMITATION, BY MEANS OF "HACKING" OR DEFACING ANY PORTION OF THE SITE;

ii.USE THE SITE OR MATERIALS FOR ANY UNAUTHORIZED OR UNLAWFUL PURPOSE;

iii.IMPERSONATE ANY PERSON OR ENTITY OR MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY;

iv.SOLICIT PERSONAL INFORMATION FROM, HARM OR ATTEMPT TO HARM ANY PERSON, IN ANY WAY;

TRANSMIT (A) ANY CONTENT OR INFORMATION THAT IS UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE, OR INFRINGES OUR OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY OR ANY OTHER RIGHTS; (B) ANY MATERIAL, NON-PUBLIC INFORMATION ABOUT COMPANIES WITHOUT THE AUTHORIZATION TO DO SO; (C) ANY TRADE SECRET OF ANY THIRD PARTY; OR (D) ANY ADVERTISEMENTS, SOLICITATIONS, CHAIN LETTERS, PYRAMID SCHEMES, INVESTMENT OPPORTUNITIES OR OTHER UNSOLICITED COMMERCIAL COMMUNICATION (EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY US) IN WRITING;

vi.ENGAGE IN SPAMMING OR FLOODING;

vii.TRANSMIT ANY SOFTWARE OR OTHER MATERIALS THAT CONTAIN ANY VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE;

viii.MODIFY, ADAPT, SUB-LICENSE, TRANSLATE, SELL, REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE ANY PORTION OF THE SITE;

ix.REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS NOTICES CONTAINED IN THE SITE;

x."FRAME" OR "MIRROR" ANY PART OF THE SITE WITHOUT OUR PRIOR WRITTEN AUTHORIZATION;

xi.USE ANY ROBOT, SPIDER, OFFLINE READER, SITE SEARCH/RETRIEVAL APPLICATION OR OTHER MANUAL OR AUTOMATIC DEVICE OR PROCESS TO RETRIEVE, INDEX, "DATA MINE" OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE SITE OR ITS CONTENTS WITHOUT OUR PRIOR WRITTEN CONSENT. NOTWITHSTANDING THE FOREGOING, UPSCALE WEIRDO LLCGRANTS THE OPERATORS OF PUBLIC SEARCH ENGINES PERMISSION TO USE SPIDERS TO COPY MATERIALS FROM THE SITE FOR THE SOLE PURPOSE OF AND SOLELY TO THE EXTENT NECESSARY FOR CREATING PUBLICLY AVAILABLE SEARCHABLE INDICES OF THE MATERIALS, BUT NOT CACHES OR ARCHIVES OF SUCH MATERIALS. WE RESERVE THE RIGHT TO REVOKE THESE EXCEPTIONS GENERALLY OR IN SPECIFIC CASES;

xii.HARVEST OR COLLECT INFORMATION ABOUT SITE VISITORS;

xiii.TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE; OR

xiv.VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, RULE OR REGULATION, INCLUDING, WITHOUT LIMITATION, REGULATIONS PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY RULES OF ANY OTHER NATIONAL SECURITIES EXCHANGE.

YOU ACKNOWLEDGE THAT UPSCALE WEIRDO LLC MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE MAXIMUM THROUGHPUT OF TRAFFIC FROM THE INTERNET OR ASSOCIATED SERVICE (E.G., EMAIL, WEB HOSTING), AND THE MAXIMUM NUMBER OF TIMES (AND THE MAXIMUM DURATION FOR WHICH) YOU MAY ACCESS THE SITE IN A GIVEN PERIOD OF TIME. YOU AGREE THAT UPSCALE WEIRDO LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, FOR FAILURE TO STORE OR TO DELIVER ANY MESSAGES AND OTHER COMMUNICATIONS, FOR THE MODIFICATION OR MALFORMATION OF DATA COMMUNICATIONS OVER THE SITE, OR FOR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE.

WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR AT THE SITE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE. 

THE SITE MAY CONTAIN LINKS TO OTHER INTERNET WEBSITES, INCLUDING AFFILIATED WEBSITES WHICH MAY OR MAY NOT BE OWNED OR OPERATED BY UPSCALE WEIRDO LLC. WE HAVE NOT REVIEWED ALL OF THE WEBSITES THAT MAY BE LINKED TO THE SITE, AND UPSCALE WEIRDO LLC HAS NO CONTROL OVER SUCH SITES. UNLESS OTHERWISE EXPLICITLY STATED, UPSCALE WEIRDO LLC IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES, ANY UPDATES OR CHANGES TO SUCH SITES, OR THE PRIVACY OR OTHER PRACTICES OF SUCH SITES, AND THE FACT THAT WE MAY OFFER SUCH LINKS DOES NOT INDICATE ANY APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED SITE. SUCH LINKS MAY BE PROVIDED TO YOU ONLY AS A CONVENIENCE. ACCORDINGLY, WE STRONGLY ENCOURAGE YOU TO BECOME FAMILIAR WITH THE TERMS OF USE AND PRACTICES OF ANY LINKED SITE. FURTHER, IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER LINKS YOU SELECT OR SOFTWARE YOU DOWNLOAD (WHETHER FROM THE SITE OR OTHER SITES) IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

THE SITE, INCLUDING ALL SITE SOFTWARE, DATABASES, PROPRIETARY INFORMATION AND MATERIALS (AND ANY INTELLECTUAL PROPERTY AND OTHER RIGHTS RELATING THERETO) INCLUDING, WITHOUT LIMITATION, THE SELECTION, SEQUENCE AND "LOOK AND FEEL" AND ARRANGEMENT OF ITEMS, LOGOS AND TRADEMARKS IS OWNED AND OPERATED BY UPSCALE WEIRDO LLC IN CONJUNCTION WITH OTHERS PURSUANT TO CONTRACTUAL ARRANGEMENTS, AND WILL REMAIN THE PROPERTY OF UPSCALE WEIRDO LLC AND ITS LICENSORS AND SUPPLIERS (AS APPLICABLE). THE SITE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT, TRADEMARK AND OTHER LAWS, AND YOU ACKNOWLEDGE THAT THESE RIGHTS ARE VALID AND ENFORCEABLE. YOU FURTHER ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY ACCESSING THE SITE OR THE MATERIALS. 

THE TRADEMARKS, LOGOS, AND SERVICE MARKS DISPLAYED ON THE SITE (COLLECTIVELY THE "TRADEMARK(S)") ARE THE REGISTERED AND UNREGISTERED TRADEMARKS OF UPSCALE WEIRDO LLC, UPSCALE WEIRDO LLC'S LICENSORS AND SUPPLIERS (AS APPLICABLE). THE TRADEMARKS OWNED BY UPSCALE WEIRDO LLC, WHETHER REGISTERED OR UNREGISTERED, MAY NOT BE USED IN CONNECTION WITH ANY SERVICE THAT IS NOT OFFERED BY UPSCALE WEIRDO LLC, IN ANY MANNER OR MEDIUM THAT IS LIKELY TO CAUSE CONFUSION, OR IN ANY MANNER THAT DISPARAGES UPSCALE WEIRDO LLC, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, NOR THEIR RESPECTIVE FOUNDERS, OWNERS, SHAREHOLDERS, EXECUTIVES, DIRECTORS, OFFICERS, EMPLOYEES’ PARTNERS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES. NOTHING CONTAINED ON THE SITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARK WITHOUT THE EXPRESS WRITTEN PERMISSION OF UPSCALE WEIRDO LLC, UPSCALE WEIRDO LLC'S LICENSORS OR SUPPLIERS, OR THE THIRD-PARTY OWNER OF ANY SUCH TRADEMARK (AS APPLICABLE). MISUSE OF ANY TRADEMARK IS PROHIBITED, AND UPSCALE WEIRDO LLC WILL AGGRESSIVELY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS IN SUCH TRADEMARKS, INCLUDING VIA CIVIL AND CRIMINAL PROCEEDINGS.

THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UPSCALE WEIRDO LLC, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AGENTS, CONSULTANTS, PARTNERS, EMPLOYEES, EMPLOYEES’ PARTNERS, DIRECTORS, SHAREHOLDERS, EXECUTIVES, AND RESPECTIVE FOUNDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

UPSCALE WEIRDO LLC, OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. 

YOU ASSUME ALL RESPONSIBILITY AND RISKS FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF UPSCALE WEIRDO LLC OR ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, NOR THEIR RESPECTIVE FOUNDERS, OWNERS, SHAREHOLDERS, EXECUTIVES, DIRECTORS, OFFICERS, EMPLOYEES’ PARTNERS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UPSCALE WEIRDO LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OR USE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

THE SITE AND MATERIALS MAY INCLUDE INACCURACIES OR ERRORS, OR INFORMATION OR MATERIALS THAT VIOLATE THIS AGREEMENT (SPECIFICALLY, THE CODE OF CONDUCT ABOVE). ADDITIONALLY, UNAUTHORIZED ALTERATIONS COULD BE MADE BY THIRD PARTIES TO THE SITE, MATERIALS OR FORUMS. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, WE MAKE NO GUARANTEES AS TO THE SITE'S COMPLETENESS OR CORRECTNESS. IN THE EVENT THAT A SITUATION ARISES IN WHICH THE SITE'S COMPLETENESS OR CORRECTNESS IS IN QUESTION, PLEASE CONTACT US AT info@upscaleweirdo.com WITH, IF POSSIBLE, A DESCRIPTION OF THE MATERIAL TO BE CHECKED AND THE LOCATION (URL) WHERE SUCH MATERIAL CAN BE FOUND ON THE SITE, AS WELL AS INFORMATION SUFFICIENT TO ENABLE US TO CONTACT YOU. WE WILL TRY TO ADDRESS YOUR CONCERNS AS SOON AS REASONABLY PRACTICABLE. 

NEITHER UPSCALE WEIRDO LLC OR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE FOUNDERS, OWNERS, SHAREHOLDERS, EXECUTIVES, DIRECTORS, OFFICERS, EMPLOYEES’ PARTNERS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE, UPSCALE WEIRDO LLC AND EACH OF THEIR FOUNDERS, AFFILIATES, LICENSORS, OWNERS, SHAREHOLDERS, EMPLOYEES, EXECUTIVES, CONSULTANTS, AGENTS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING ANY VIOLATION OF THE CODE OF CONDUCT, ABOVE; (II) ANY ALLEGATION THAT ANY MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE SITE INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; AND/OR (III) ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE upscaleweirdo.com (THE “SITE”). THIS AGREEMENT IS LEGALLY BINDING MADE BY AND BETWEEN upscale weirdo, LLC (“upscale weirdo, llc,” “WE,” “US”), A LIMITED LIABILITY CORPORATION, EXISTING UNDER THE LAWS OF THE STATE OF Georgia, AND YOU. BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOLLOWING AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING ANY DATA, TEXT, DESIGNS, GRAPHICS, IMAGES, PHOTOGRAPHS, ILLUSTRATIONS, AUDIO AND VIDEO CLIPS, LOGOS, ICONS AND LINKS (COLLECTIVELY, THE "MATERIALS"), ARE INTENDED TO EDUCATE AND INFORM YOU ABOUT upscle weirdo LLC'S MISSION, PROGRAMS, EVENTS AND OTHER INFORMATION OFFERED OR DESCRIBED ON THE SITE. ALTHOUGH UPSCALE WEIRDO LLCSTRIVES TO PROVIDE MATERIALS THAT ARE BOTH USEFUL AND ACCURATE, THE NATURE OF THE DATA AND OTHER INFORMATION CONTAINED ON THE SITE IS SUBJECT TO FREQUENT CHANGE. IN ADDITION, THE FACTS AND CIRCUMSTANCES OF EVERY SITUATION DIFFER. ACCORDINGLY, ALTHOUGH UPSCALE WEIRDO LLC ENDEAVORS TO USE REASONABLE CARE IN ASSEMBLING THE MATERIALS, THE MATERIALS MAY NOT BE UP-TO-DATE, ACCURATE OR COMPLETE. ACCORDINGLY, WE RESERVE THE RIGHT TO:

CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR

CHANGE THE SITE, INCLUDING ELIMINATING OR DISCONTINUING ANY CONTENT ON OR FEATURE OF THE SITE.

YOU MAY NOT ENGAGE IN ANY UNAUTHORIZED USE, COPYING, OR DISTRIBUTION OF ANY OF THE MATERIALS. FOR EXAMPLE, YOU MAY NOT OTHERWISE REPRODUCE, DISPLAY, PUBLICLY PERFORM, OR DISTRIBUTE THE MATERIALS IN ANY WAY FOR ANY PUBLIC OR COMMERCIAL PURPOSE. YOU MAY NOT ALTER OR MODIFY ANY PART OF THE SITE OTHER THAN AS MAY BE REASONABLY NECESSARY TO USE THE SITE FOR ITS INTENDED PURPOSE. MODIFICATION OR USE OF THE MATERIALS FOR ANY PURPOSE IS A VIOLATION OF OUR COPYRIGHT AND OTHER PROPRIETARY RIGHTS AND IS STRICTLY PROHIBITED. 

WE MAY REVISE THIS PRIVACY POLICY AT ANY TIME BY UPDATING THIS POSTING WITHOUT ADVANCE NOTICE TO YOU. SUCH REVISIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. IT IS YOUR OBLIGATION TO REVIEW THE PRIVACY POLICY FROM TIME TO TIME.

YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE WILL BE SUBMITTED EXCLUSIVELY TO CONFIDENTIAL BINDING ARBITRATION IN ATLANTA, GEORGIA. ARBITRATION UNDER THESE TERMS WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE TERMS WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF THE SITE, UPSCALE WEIRDO LLC, THESE PERSONS OR ENTITIES MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF GEORGIA. 

THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA, WITHOUT REGARDS TO ITS PRINCIPLES OF CONFLICTS OF LAW. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF ATLANTA, GEORGIA, UNITED STATES OF AMERICA, AND WAIVE ANY JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.