SwitchUp Terms of Service ("Agreement")

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms and Conditions of Use ("Agreement") and agree to comply with all applicable laws and regulations. If you do not agree to this Agreement, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF MASSACHUSSETTS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS AND USER HEREBY CONSENTS TO THE JURISDICTION OF SUCH COURTS.

1. This web site ("Site") is owned and operated by DebunkMe, Inc. ("DebunkMe"). The Site and its contents may only be accessed for personal use. No material from the Site or any web site owned, operated, licensed or controlled by DebukMe may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Debunkme's copyright and other proprietary rights.

2. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to DebunkMe or other respective owners which have granted DebunkMe the right and license to use such Marks. Any use of content or descriptions, any derivative use of this Site or its contents, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.

3. DebunkMe makes no warranties or representations as to the accuracy of information on this Site. DebunkMe assumes no liability or responsibility for any errors or representations in the content of this Site.

4. The Site may contain links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that DebunkMe is not responsible for the availability of, or the content located on or through, any External Sites. You should review the External Sites privacy policy and other terms and contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which unlawfully infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. DebunkMe has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

6. If you post content or submit material you grant DebunkMe and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, assign, reproduce, distribute, perform, display, modify, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant DebunkMe, its affiliates, assigns and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify DeBunkme and its affiliates, assigns and sublicensees from any claims resulting from any content or materials you provide hereunder.

7. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and this Agreement, the terms and conditions of the other area shall prevail. DebunkMe may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.

8. You shall not transmit to DebunkMe or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses", "worms", "trojan horses", "time bombs", time lock"s, "drop dead devices", "traps", "access codes", "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example, but not limited to, (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

9. You may not use your password for any unauthorized purpose or share your password with any third party.

10. Participating education programs pay DebunkMe a fee to receive consumer contact information, like yours, that is provided via this Site. DebunkMe does not recommend or endorse any education program. We display education programs based on their location, customer reviews, and other data supplied by users. The participating education programs are solely responsible for their services to consumers. Debunkme shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the services offered by participating education programs. DebunkMe reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any education program or other user from using or participating in the Site.

11. Consumers should rely on their own judgment in deciding which available education program best suits their needs and financial means. DebunkMe is not an agent of either any consumer or any education program. DebunkMe is only providing an administrative service to consumers and participating education programs. Decisions regarding education programs contacting consumers are made by participating educating programs and not DebunkMe. DebunkMe assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Site and any other information available there.

12. We may terminate your access to our Site for any reason.

13. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of DebunkMe's proprietary rights in them. Site pages may contain other proprietary notices and copyright information which should be observed.

14. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DEBUNKME SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, DEBUNKME DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DEBUNKME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

15. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEBUNKME OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF DEBUNKME OR A DEBUNKME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DEBUNKME BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Matching Program. By clicking “Match Me”, I authorize (1) DebunkMe, Inc. to send the information I provided to a participating education program and (2) a participating education program and DebunkMe, Inc. to deliver or cause to be delivered to me advertisements and/or telemarketing and informational messages via autodialed calls and texts or robocalls/robotexts to me at the telephone number provided above. I UNDERSTAND THAT (A) PROVIDING MY AUTHORIZATION IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES AND (B) I AM NOT REQUIRED TO PROVIDE MY AUTHORIZATION (DIRECTLY OR INDIRECTLY). I also acknowledge that I may receive emails with education program related information. Participating education programs pay DebunkMe, Inc. a fee to receive consumer contact information, like yours. DebunkMe, Inc. does not recommend or endorse any education program. We display education programs based on their location, customer reviews, and other data supplied by users.

Last Updated: September 5, 2017

If you have any questions about this Agreement, please contact us at info@switchup.org.