Terms and Conditions

Irregular Polyhedron LLC (doing business as Up One Rung) (hereafter “Up One Rung,” “we,” “us,” or “our”) owns and operates this website; operates several related social media pages and accounts; and delivers content via email.  

Your use of this website and associated products and Services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to our Privacy Policy; and to all applicable laws and regulations. In addition, Up One Rung reserves the right to terminate access to this site and other Services for any reason, and to take any other actions that Up One Rung, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. Up One Rung reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between Up One Rung and you. By using this website and other Services, you hereby accept this agreement.  As a material condition of such use, you warrant that you are over the age of 18 and that you have provided accurate and complete information in any communication with Up One Rung.

Please note that this site is under constant development. This Agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

Access

Access to this site is provided free of charge and does not create a professional services relationship or any other relationship with Up One Rung. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of this site nor transfer to or store any data residing or exchanged over this site in any electronic network for use by more than one user unless you obtain prior written permission from Up One Rung. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or medium any material from this site. 

Intellectual Property

All text and images contained on this site and in Up One Rung’s other products and Services are protected by United States trademark and copyright law and other applicable laws and are the property of Up One Rung, except as otherwise identified. All copyrights and trademarks not the property of Up One Rung that are used or referred to on this site and Up One Rung’s products are the property of their respective owners. Nothing contained in this site or other products and Services shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Up One Rung or any third party. Because the content is proprietary, any unauthorized use of materials on this site or other products may violate the law.  

Up One Rung’s products, including third party and licensed materials on this site, may not be modified, reproduced, republished, retransmitted, or displayed, except for personal use. Any use for a commercial or public purpose requires specific written permission from Up One Rung.

Content and Non-Endorsement

This site and third parties may provide links to web pages, web sites, and various resources or locations on the web. Up One Rung has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Limitation of Liability

Up One Rung has worked to ensure the accuracy of the information it provides through its products and Services, including on this site. This information may rely on data obtained from many sources, however, and Up One Rung cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF UP ONE RUNG’S PRODUCTS AND SERVICES, INCLUDING THIS SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND UP ONE RUNG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UP ONE RUNG DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THIS SITE OR FROM UP ONE RUNG, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM UP ONE RUNG NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, UP ONE RUNG MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEBSITE LINKED TO THE SITES. YOU AGREE THAT NEITHER UP ONE RUNG, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER UP ONE RUNG NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

UP ONE RUNG AND ITS AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER UP ONE RUNG WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, UP ONE RUNG’S LIABILITY AND THAT OF ITS AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Up One Rung assumes no responsibility or liability arising from the content of this site. Up One Rung also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of this site periodically, we do not have a duty to update information contained in this site, and we will not be liable for any failure to update such information.

Up One Rung makes no representation that information content provided on this site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold Up One Rung, its affiliates, licensors, and suppliers, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms and Conditions; (b) your activities in connection with this site.

Severability

If any provision or portion of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.