Terms and Conditions

Last updated: November 12, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Texas, United States

• Company (referred to as either "Upper Hand Injury", "We", "Us", or "Our" in this Agreement) refers to Micro adVentures, LLC, 410 Rio Grande Ave, Hutto, TX 78634.

• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

• Service refers to the Website.

• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and Upper Hand Injury regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator.

• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

• Website refers to Upper Hand Injury, accessible from https://upperhandinjury.com/

• You means the individual accessing or using the Service, or Upper Hand Injury or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Upper Hand Injury. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. Upper Hand Injury does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Upper Hand Injury. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property Rights

All content, including but not limited to text, images, graphics, logos, designs, audio, video, and any other material available on the Service, is the exclusive property of Upper Hand Injury and/or its licensors. These materials are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, prepare derivative works based on, republish, or transmit any part of the Service without the prior written consent of Upper Hand Injury, except where permitted by law.

The trademarks, logos, and service marks displayed on the Service are Upper Hand Injury’s trademarks or those of other third parties. Your use of and access to the Service does not grant You any right, title, or interest in or to any such intellectual property, and You agree not to copy, imitate, or use these marks without the prior written consent of Upper Hand Injury.

Communications, TCPA Consent, and Privacy

You agree to receive communications from Upper Hand Injury or communications related to Upper Hand Injury’s services at any of the phone numbers provided to Upper Hand Injury by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Upper Hand Injury or its affiliated companies may include but are not limited to: operational communications concerning your account or use of the Upper Hand Injury’s website or services, communications concerning marketing or promotions run by Upper Hand Injury or Upper Hand Injury's third-party partners, and news concerning Upper Hand Injury and industry developments. If you change or deactivate the phone number you provided to Upper Hand Injury, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages Upper Hand Injury sends.

Furthermore, notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from Upper Hand Injury, its agents, representatives, affiliates, or anyone calling on Upper Hand Injury's behalf, You expressly consent to be contacted by Upper Hand Injury, its agents, representatives, affiliates, or anyone calling on Upper Hand Injury's behalf for any and all purposes arising out of or relating to Your application, Program Debt Schedule and/or account, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree We may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative of Upper Hand Injury calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Upper Hand Injury, its agents, representatives, affiliates, or anyone calling on Upper Hand Injury's behalf at the specific number(s) You have provided to Upper Hand Injury, or numbers we can reasonably associate with Your account (through skip trace, caller ID capture or other means), with information or questions about the Website and/or its Services. You certify, warrant, and represent that the telephone numbers that You have provided to Upper Hand Injury are Your contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Upper Hand Injury. You agree to promptly alert Upper Hand Injury whenever You stop using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan You carry. You also agree that Upper Hand Injury may contact You by e-mail, using any email address You have provided to Upper Hand Injury or that You provide to Upper Hand Injury in the future. Upper Hand Injury may listen to and/or record phone calls between You and Upper Hand Injury's representatives without notice to You as permitted by applicable law. For example, Upper Hand Injury listens to and records calls for quality monitoring purposes.

Standard message and data rates may apply to calls or messages to your mobile device. You agree to notify Upper Hand Injury immediately if any number you have provided to Upper Hand Injury is transferred or no longer in service.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM Upper Hand Injury'S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY “STOP” OR USE ANY "OPT-OUT" FEATURES PROVIDED IN ELECTRONIC COMMUNICATIONS FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING UPPER HAND INJURY’S SERVICES.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Upper Hand Injury.

Upper Hand Injury has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Upper Hand Injury shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Upper Hand Injury and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall Upper Hand Injury or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Upper Hand Injury or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Upper Hand Injury, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Upper Hand Injury provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Upper Hand Injury nor any of Upper Hand Injury's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Upper Hand Injury are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

Class Action Waiver; No Consolidation of Claims. To the extent permitted by applicable law, the parties hereby waive their rights to assert any claim as a plaintiff or class member in any purported class action. Further, unless both you and Upper Hand Injury otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of collective action, private attorney general action, or other representative proceeding. This Paragraph 9 will survive any termination of these terms or Upper Hand Injury's privacy policy.

Arbitration. Except for collection efforts and enforcement of an arbitration order under this Paragraph 9, if the parties are unable to resolve any dispute related to these terms or Upper Hand Injury's privacy policy by direct negotiation, they shall resolve the dispute through binding arbitration in Austin, Texas, before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules.

Choice of Law. These terms, Upper Hand Injury's privacy policy, and any dispute related to these terms or Upper Hand Injury's privacy policy shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. If any litigation is validly instituted related to these terms or Upper Hand Injury's privacy policy, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Travis County, Texas and waive any objection as to venue or inconvenient forum.

Jury Trial. The parties hereby waive any right to a jury trial in connection with a dispute related to these terms or Upper Hand Injury's privacy policy.

Attorneys’ Fees. If any arbitration or legal proceeding is validly instituted to resolve a dispute or to enforce these terms or Upper Hand Injury's privacy policy, the prevailing party may recover its attorneys’ fees and other costs.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes and/or Modifications to These Terms and Conditions

Upper Hand Injury may modify these terms of service for its website at any time without notice. You agree that each visit you make to this website and your continued use of this website or Upper Hand Injury’s services shall confirm that you read, accepted, and agreed to be bound by any modification. No modification shall apply to a dispute that accrued or of which Upper Hand Injury had actual notice on or before the date of the modification.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]

Disclaimer: UpperHandInjury.com is not an attorney referral service or a law firm. UpperHandInjury.com does not provide legal advice of any sort. We are a free matching service, and all claim reviews will be performed by a third party attorney. We do not recommend, nor do we endorse any attorneys that pay to participate in our service. No attorney-client relationship is formed when you submit the form and you are under no obligation to retain an attorney who may contact you through this service.