Terms and Conditions for Use

Revised 2/1/2024

Welcome to Project UP.  The Project UP website (the “Website”) is made up of several web pages.  The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, policies, and notices contained herein (the “Terms”).  Please read these Terms carefully before using the Website and return often to the Website for any revisions to the Terms. By using the Website, you signify your agreement to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access or use the Website.

THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME IN THE SOLE DISCRETION OF PROJECT UP. BY ACCESSING THIS SITE OR USING PROJECT UP SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1. Definitions

The following are definitions of terms capitalized in this agreement.  

1. 1. “Project UP” means Project UP, LLC.
   2. “You” and “Your” means you, an individual user entering into this Agreement.
   3. “Project UP Material” or “Material” is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Project UP or the Website, including any portion thereof.
   4. “Project UP Services” or “Services” is defined as any Project UP service.
   5. “Project UP website” or “Website” means all websites owned or operated by Project UP, LLC including www.myprojectup.com.

2. User Eligibility

Use of the Website, Material and Services provided by Project UP are available only and exclusively to individuals who are legally recognized as adults.  

3. User Conduct and Use of Project UP Material and Project UP Services 

Users of the Website, Materials, and Services provided by Project UP must conduct themselves in a lawful and respectful manner.  Users shall ensure that their conduct and actions do not violate any applicable laws or these Terms. You agree not to use any Project UP Material, Services, or Website for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms. You agree to only use Project UP Material, Services, and Website as a customer.

4. Scope of Services 

Project UP offers many Services, including but not limited to financial literacy and wellness planning, transitional strategies, legacy planning, and comprehensive life planning. Our purpose is to empower individuals to construct a stable and rewarding life now and in the future, and establish a meaningful legacy.

5. Privacy

Your use of the Website is subject to Project UP’s Privacy Policy.  Please review the Privacy Policy, which governs the Website and informs you of our data collection practices.  

You consent to Project UP using your personal information according to its Privacy Policy. In the provision of our services, Project UP gathers various personal data, which may include but is not limited to demographic details and financial information necessary for planning and executing financial, estate, and life planning strategies. We maintain strict privacy protocols and do not collect highly sensitive data such as Social Security numbers, credit card details, or passwords. You agree that you will not actively or inadvertently provide us with such sensitive data.

6. Legal Advice, Information and Decision-Making Responsibility
   Project UP is not a law firm and does not provide Legal Advice, including as defined below. Your use of Project UP Material or any Services does not create an attorney-client relationship between you and Project UP.

You agree that all decisions you make on any and all legal matters are your full responsibility, and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

You agree that Project UP does not provide Legal Advice. If you receive any communication from Project UP, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Project UP and you agree to immediately delete and disregard it.

Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Project UP Material or Project UP Services, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Project UP Material or Project UP Services.

For the purposes of these Terms, Legal Advice is defined to include, but is not limited to, any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney; advice on if or which legal document(s) or legal procedure(s) you need; determining legal consequences of having or not having legal documents with or without certain language or provisions.

7. Fee Structure

We offer multiple Services on this Website. Fees for services provided by Project UP vary based on the selected service package and may be assessed on an hourly basis, as a flat rate, or as a hybrid of both. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.  The fees for your specific project will be described and detailed in a separate signed agreement.

8. Blog Posts, Resources and Links

Any blog or resource on the Website is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Information provided through blogs and resources should not be relied upon as professional advice. Any reliance you place on such information is strictly at your own risk. Project UP disclaims any and all liability and responsibility arising from any reliance placed on such information by you or by anyone who may be informed of such information.

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

9. Intellectual Property
   The intellectual property rights of all content, trademarks, service marks, and trade names found on the Website and associated with the Services of Project UP are owned by or licensed to Project UP and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Project UP Material, Services and the Website belong to Project UP. All rights reserved.

You agree not to infringe on any of the intellectual property rights of Project UP, its Website, Services, or Materials.

10. LIMITED WARRANTIES and Disclaimers
    Project UP strives to ensure the accuracy and reliability of the information presented on the Website, but does not guarantee that the Website or any content provided will always be accurate, complete, or up-to-date. Project UP will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the Website or Services.

Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Project UP Material and Project UP Services are provided “as is” without any kind of warranty.

You accept full responsibility for determining whether Project UP Material and Project UP Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Project UP Material and Project UP Services, or for inaccessibility of Project UP Material and Project UP Services whether from errors or omissions in the content of Project UP Material and Project UP Services or any other linked sites or for any other reason. Use of Project UP Material and Project UP Services is at your own risk.

Project UP does not represent or warrant that Project UP Material, the Website or any linked sites are free of any harmful materials.

11. Maximum Liability
    Except as expressly provided in these Terms or where prohibited by law, the maximum liability of Project UP is the amount paid to Project UP by the customer; however, where Project UP has provided a service, the maximum liability of Project UP for any Project UP Service is the portion of the amount paid to Project UP by the customer specifically for the Project UP Services as calculated by Project UP.
12. Indemnification
    Except where prohibited by law, you agree to indemnify and hold Project UP, its directors, members, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Website or Project UP Material or Project UP Services.
13. Governing Law and Jurisdiction
    Except where prohibited by law, the Terms shall be governed by the laws of the state of Tennessee, without respect to its conflict of laws principles. Except where prohibited by law, you irrevocably agree to the exclusive jurisdiction of the courts of Davidson, County, Tennessee.
14. Modification of the Terms
    Project UP may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Project UP officer.
15. Severability
    If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
16. Assignment
    None of these agreement, Terms, or Services can be assigned by you.  Project UP may at its sole discretion assign and or transfer our rights and obligations to an acquirer upon sale of all or any part of our business.
17. Waivers
    No failure or delay, on the part of Project UP, in exercising any right or power under these Terms will operate as a waiver of such right or power.
18. Headings
    All of the Terms are valid regardless of the heading. Headings are for convenience purposes.
19. Whole Agreement
    Except as explicitly set forth in this agreement, these Terms, the Website’s Disclaimer, and the Agreement for Services offered to and accepted by you constitute the whole agreement between you and Project UP.
20. Questions and Communication

Should you have any questions, issues, or require support, Project UP can be reached at:

info@myprojectup.com.