Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Upper Echelon ("Company," "we," "our," or "us") regarding your use of our website at www.upperechelon.us and our services.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website.

Acceptance and Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into binding agreements
• You are not prohibited from using our services under applicable law
• All information you provide is accurate and complete
• You will maintain the accuracy of such information

Description of Services

Upper Echelon provides content creation, marketing, and brand development services, including:

• Content system development and implementation
• Brand storytelling and creative direction
• Video production and multimedia content creation
• Marketing strategy and campaign development
• Consultation and advisory services
• Website content and informational resources

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

User Accounts and Registration

When creating an account or providing information through our services:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use
• We reserve the right to suspend or terminate accounts at our discretion

User Responsibilities

As a user of our services, you agree to:

• Use our services only for lawful purposes and in accordance with these Terms
• Provide accurate and truthful information in all communications
• Respect the intellectual property rights of others
• Maintain the security and confidentiality of your account information
• Comply with all applicable laws and regulations
• Treat our team and other users with respect and professionalism
• Pay all fees and charges associated with your use of our services

Prohibited Activities

You may not use our services to engage in any of the following prohibited activities:

Illegal or Harmful Activities

• Violating any applicable laws, regulations, or third-party rights
• Engaging in fraudulent, deceptive, or misleading practices
• Harassing, threatening, or intimidating others
• Distributing malware, viruses, or other harmful code
• Attempting to gain unauthorized access to our systems

Misuse of Services

• Using our services for any unauthorized commercial purpose
• Copying, reproducing, or distributing our content without permission
• Reverse engineering or attempting to extract source code
• Interfering with or disrupting our services or servers
• Creating false identities or impersonating others

Content Violations

• Posting or transmitting offensive, inappropriate, or illegal content
• Infringing on intellectual property rights
• Sharing confidential or proprietary information without authorization
• Distributing spam or unsolicited communications

Intellectual Property Rights

Our Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to:

• Text, graphics, logos, images, and multimedia content
• Software, code, and technical implementations
• Trademarks, service marks, and brand elements
• Proprietary methodologies and frameworks
• Creative works and original content

Are owned by or licensed to Upper Echelon and are protected by copyright, trademark, and other intellectual property laws.

User-Generated Content

By submitting content to us, you grant Upper Echelon a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for business purposes related to providing our services.

Payment Terms

For paid services, the following payment terms apply:

• All fees are due and payable according to the agreed payment schedule
• Payments must be made in the currency specified in your agreement
• Late payments may incur additional fees and interest charges
• We reserve the right to suspend services for non-payment
• Refunds are subject to our refund policy as outlined in service agreements
• You are responsible for all taxes associated with your payments

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Disclaimers and Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement or title
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or completeness of content
• Warranties that defects will be corrected

We do not warrant that our services will meet your specific requirements or that the results obtained will be satisfactory.

Limitation of Liability

To the maximum extent permitted by applicable law, Upper Echelon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Cost of substitute goods or services
• Personal injury or property damage

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Upper Echelon and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content you submit or transmit through our services

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent or illegal activity
• Non-payment of fees
• Inactivity or abandonment of account

You may terminate your use of our services at any time by discontinuing use and, if applicable, canceling your account.

Upon termination, your right to use our services will cease immediately, and we may delete your account and data.

Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, we encourage you to contact us directly to seek a resolution. We are committed to working with you to resolve any issues amicably.

Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or our services shall be resolved through binding arbitration rather than in court, except that:

• You may assert claims in small claims court if they qualify
• We may seek equitable relief in court for intellectual property infringement

Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Upper Echelon individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions
• War, terrorism, civil unrest, or government actions
• Labor strikes, lockouts, or other industrial disputes
• Internet outages, cyber attacks, or technical failures
• Pandemics, epidemics, or public health emergencies

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Upper Echelon regarding your use of our services and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the "Last updated" date.

Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us: