Terms and Conditions

1. Who we are and what these terms cover

Upshift Web Studio is owned and operated by JD Ventures, LLC, a Connecticut limited liability company based in Glastonbury, Connecticut. In these Terms and Conditions, “Upshift,” “we,” “us,” and “our” mean JD Ventures, LLC operating Upshift Web Studio.

These terms govern use of upshiftweb.com and its project inquiry features. Please read them before using the website. By using the website after receiving notice of these terms, or expressly accepting them when submitting an inquiry, you agree to these terms to the extent permitted by applicable law. If you do not agree, do not use the website or submit an inquiry.

Our services and project inquiry features are intended for people age 18 or older acting for themselves or with authority to represent a business or organization. Our services are primarily directed to businesses in the United States.

2. Inquiries and client agreements

The website provides information about our web design, development, integration, and related services. Sending an inquiry, discussing a project, or receiving an automated acknowledgment does not by itself create a client relationship, require us to accept a project, or commit either party to paid work.

The scope, deliverables, schedule, fees, payment arrangements, revisions, approvals, cancellation rights, ownership and licensing, maintenance, support, and other obligations for a client project will be established in a separate agreement accepted by both parties, such as a services agreement, proposal, or statement of work. That agreement controls in the event of a conflict with these website terms concerning that engagement. These website terms do not replace a client agreement or change an existing project's agreed terms.

3. Website descriptions, pricing, and examples

Published package prices apply to the described scope. We confirm project requirements, included features, pricing, and separate costs before you commit. Additional or more involved work may require a custom quote or an agreed change to the scope.

Unless expressly included in a project agreement, website build prices do not include domain registration, hosting, third-party subscriptions or transaction fees, or ongoing content updates, maintenance, and support. Applicable taxes and any other charges will be addressed in the project agreement or invoice as appropriate.

We may change website descriptions, availability, or pricing prospectively and correct errors. Such changes do not automatically change an accepted client agreement. Any material correction affecting a proposed purchase will be communicated before a commitment is made.

Demonstrations and concept designs illustrate possible work. They are not a representation of completed client work or actual business results unless identified as such. Integrations and features depend on the capabilities and requirements of the relevant third-party services.

4. Website content and intellectual property

Except where otherwise identified, this website's original content, branding, graphics, and design are owned by JD Ventures, LLC or used under permission or license. Third-party materials remain subject to their owners' rights and applicable licenses.

You may access the website for its intended purposes, share links, and retain reasonable copies of service information for evaluating our services. You may not reproduce, distribute, sell, or commercially exploit our protected content or branding without permission, except as allowed by law or an applicable license. These terms do not restrict lawful fair use or other nonwaivable rights.

Ownership and licensing of client deliverables, client materials, reusable components, pre-existing tools, and third-party software are determined by the applicable project agreement and licenses. Merely viewing the website grants no ownership interest in them.

5. Information and materials you provide

Provide accurate contact and project information and submit only materials you have the right to share. You retain your existing rights in materials you provide. You authorize us to receive, store, reproduce, and use them as reasonably needed to evaluate your inquiry, communicate with you, and perform agreed services, subject to our Privacy Policy, applicable agreements, and applicable law. Submitting an inquiry does not give us permission to publish your private project materials as marketing content.

Do not submit passwords, payment card numbers, government identification numbers, medical or patient records, or other sensitive or regulated information through the inquiry form. If a project requires access to confidential information or systems, contact us first to agree on appropriate access, security, and contractual arrangements. The inquiry form is not a patient intake, medical advice, or emergency service.

6. Acceptable use

You must not use the website to:

  • Violate applicable law or infringe another person's rights.
  • Submit fraudulent inquiries, impersonate others, or send spam or malicious content.
  • Introduce malware, attempt unauthorized access, or circumvent security controls.
  • Interfere with the website, overload its infrastructure, or disrupt other visitors' access.
  • Harvest personal information or copy protected content in violation of law or these terms.

We may restrict or suspend access where reasonably necessary to address misuse, security threats, legal requirements, or maintenance. Nothing here prohibits security research or other conduct protected by applicable law.

7. Third-party services and privacy

The website may use or link to services operated by other companies. Third-party websites and services have their own terms and privacy practices. We do not control independent third-party content or guarantee the continuing availability of third-party products, features, or integrations. This does not exclude any responsibility we have under applicable law or an agreed client contract.

Our Privacy Policy explains how we handle personal information. Our Cookie Policy explains relevant website technologies. Those notices do not replace any consent required by law.

8. Website disclaimers

To the fullest extent permitted by law, this website and its general informational content are provided “as is” and “as available,” without express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the website will always be available, secure, current, complete, or error-free.

Business and marketing outcomes depend on many factors. Nothing on this website guarantees particular search rankings, traffic, leads, bookings, sales, revenue, or other results. General website content is not legal, tax, financial, medical, or other regulated professional advice.

These disclaimers concern this website. They do not eliminate express obligations or warranties in a client agreement or rights that cannot lawfully be excluded.

9. Limits on liability for website use

To the fullest extent permitted by law, JD Ventures, LLC and its members, personnel, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from use of or inability to use this website, including lost profits, lost opportunities, or lost data, even if advised that such damages were possible.

To the fullest extent permitted by law, our total aggregate liability for claims arising solely from use of this informational website, rather than a client engagement, will not exceed US $100.

These limitations do not exclude or limit liability for fraud, willful misconduct, gross negligence, or any liability or remedy that applicable law does not permit us to exclude or limit. They do not limit your statutory privacy rights, restrict complaints to regulators, or replace liability provisions in a client agreement. Where a limitation is not permitted, it applies only to the extent the law allows.

10. Governing law and disputes

Connecticut law governs these terms, without regard to conflict-of-law rules, except where applicable law requires otherwise. Subject to nonwaivable rights and any controlling client agreement, disputes arising from these terms or use of the website will be brought in Connecticut state courts located in Hartford County or the United States District Court for the District of Connecticut, as appropriate, and the parties consent to those courts' jurisdiction.

You may contact legal@jdventureshq.com to seek an informal resolution. Contacting us first is not a condition of exercising a statutory right, filing a regulatory complaint, or seeking relief that applicable law makes available. These terms do not require arbitration or waive the right to participate in a class action.

11. Changes and general provisions

We may update these terms as the website, services, or legal requirements change. We will post the revised terms with an updated effective date and provide additional notice or obtain agreement where required. Changes apply prospectively and do not retroactively change accrued rights or an existing client agreement without the required agreement or legal basis.

If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. A failure to enforce a provision is not a waiver of our right to enforce it later. These terms govern website use together with any other terms you expressly accept for a particular website feature; client engagements remain subject to their separate agreements.

12. Contact

JD Ventures, LLC — Upshift Web Studio
Legal inquiries: legal@jdventureshq.com
Mailing address: PO Box 68, Montville, CT 06353, United States
Business location: Glastonbury, Connecticut, United States

Questions

Contact Upshift about this policy.

legal@jdventureshq.com