1. Introduction

Welcome to Upon Return! By subscribing to our service, you agree to the following Terms of Service and Subscriber Agreement (“Agreement”). Please read them carefully. By using Upon Return’s website or other online services (“Services”), you agree to be bound to this Agreement, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 10. We may change these terms at any time, and email you at your most recent email address on record with us. Your continued use of the Services means that you accept any new or modified Agreement. Nothing in this Agreement will serve to preempt the promises made in our privacy policy.

2. Overview of Services

Upon Return provides information on global points of interest for travelers, including but not limited to restaurants, hotels, galleries, bars, vineyards, shops, cafes, coffee shops, ice cream shops, cultural spots, museums, food markets, music and art venues, neighborhoods, gyms, and spas.

3. Subscription Details

• Sign-Up Fee: $99 (billed immediately).
• Monthly Fee: $8.99 (billed monthly).
• Free Trial: 1-week trial. The $99 sign-up fee will be billed and refunded if you cancel within the trial period.

If we change the monthly fees, we will notify you no less than one month in advance at your email address on file.

4. User Obligations and Responsibilities

• Login Credentials: Do not share your login credentials. A free significant other account is included with each membership, allowing two accounts per membership fee.
• Prohibited Activities: Users must not engage in illegal activities or use the service for unlawful purposes.

5. Payment Terms

• Accepted Methods: All major credit cards.
• Failed Transactions: If a payment fails, users will be notified and given one week to correct the issue. If not corrected, the subscription will be canceled.
• Cancellation Fees: There are no fees for canceling your subscription and pro-rated fees will not be calculated nor refunded.

6. Cancellation and Refund Policy

• Cancellation: Your monthly membership will automatically renew until you inform us that you would like to cancel. You can cancel your subscription at any time.
• Refunds: No refunds are provided, except during the trial period. Monthly fees are not pro-rated.

7. Intellectual Property

• Ownership: All materials and content that are included on the Services are owned or licensed by Upon Return or its affiliates or subsidiary and is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws.
• Usage: Users are not allowed to reproduce, distribute, or modify our content.

8. Liability and Disclaimers

• Accuracy of Information: We strive to keep our information current, but errors may occur. If you notice outdated or incorrect information, please notify us. The Services may contain links to third-party websites. Upon Return does not control, sponsor, endorse, recommend, or otherwise accept responsibility for any linked content.

• DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE CONTENT ON UPON RETURN’S WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. UPON RETURN DOES NOT MAKE ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION THAT YOU OBTAIN FROM THE USE OF ITS SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE IMMEDIATELY CORRECTED. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE OR RELATED SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCY OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, UPON RETURN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXLCUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.

9. Modifications to the Agreement

• Notification: Users will be notified of changes to the Agreement via email, and we also will post the latest terms on our website.
• Acceptance: Continued use of the service after changes are made constitutes acceptance of the new terms.

10. Governing Law, Class Action Waiver, and Dispute Resolution

• Governing Law: This agreement is governed by the laws of the state of Maryland as an agreement wholly performed in the state of Maryland without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable). Any claim or cause of action arising out of or related to the use of the Services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
• Class Action Waiver: You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in a class action or any class-wide arbitration.
• Dispute Resolution: All disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA). The dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the AAA. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INVIDUALLY AND ONLY THROUGH ARBITRATION.

11. Contact Information

For questions or issues regarding the Agreement, please contact us at privacy@uponreturn.com.

12. Your Agreement to These Terms

You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.

If a provision of this Agreement is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and those provisions will remain in full force and effect.