Welcome to Up At Last (Site). The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit any order.
Physical merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting us prior to making an order. You may receive a shipping confirmation e-mail once your items have shipped.
Physical products are unique and produced only once ordered. This also means that returns and exchanges are not supported if you ordered the wrong size, color, or simply change your mind. However, in case of a damaged product or a manufacturing error, we offer a free replacement or a refund if you contact us within 30 days of product delivery. Please contact us at once and provide a clear description of the problem and a photo showing the issue.
Once you purchase a digital product, it is available to you for download instantly. It is a digital file. Downloading a file is considered a step in opening it. Once the file is downloaded, we are unable to refund your purchase or accept a return. We can issue a refund or exchange if the file has not been downloaded from our servers.
Subscriptions are not refundable. Members can change their settings, including cancelation, at any time from My Account.
From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
These Terms shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Up At Last agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute.
Unless you indicate otherwise in your notice, we shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that we are unable to resolve the dispute with you, both agree the parties shall resolve their dispute utilizing binding arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Up At Last, LLC
17218 N Foothills Drive
Sun City, AZ 85373
Our Website Address:
Up At Last:
https://upatlast.com/
We collect information about you during your visit, when you participate in comments or fill out forms, and the checkout process on our store.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
While you visit our site, we’ll track:
We’ll also use cookies to keep track of your visit and cart contents while you’re browsing our site.
Below is our basic Cookie Privacy description – for more information on Cookies, please see our entire Cookie Policy.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for a minimum of two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for a minimum of two weeks. If you log out of your account, the login cookies will be removed.
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as:
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
If you choose to store payment information, by design, your credit card number and security code are never stored on our website. The payment gateway gives this sensitive information directly to the payment processor. We designed our payment gateway to ensure credit card data never enters or passes through our website’s database.
We store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. After approval of your comment, your profile picture is visible to the public in the context of your comment.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: Automattic Privacy Policy.
We accept and process payments through Stripe. When processing payments, some of your data will be shared, including necessary information required to process or support the payment, such as the purchase total and billing information.
Please see the Stripe Privacy Policy for more details.
If you relay information to us using a contact form, we will use the information you provide to respond to your request. We will not share this information unless it is directly related to responding to your request.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (Google). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other services related to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
Google will not associate your IP address with other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.By using this website, you consent to process data about you by Google in the manner and for the purposes set out above.
You can prevent Google’s cookie generated collection of data, referring to your use of the website (incl. your IP address), plus the processing of the data, by downloading and installing a browser-plugin, which you can find here.
Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users, and can be viewed here: Google Ad Policy
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/
This privacy policy is available at a minimum, on the first significant page after entering our website, and as policy on every page on our website. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on our website and in searches. Users will be notified of any privacy policy changes though subscribed email addresses and on our website.
Unless you indicate otherwise in your notice, we shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that we are unable to resolve the dispute with you, both agree the parties shall resolve their dispute utilizing binding arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Users are able to change their personal information by emailing us, or by logging into their account.
We don’t honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don’t honor them because we don’t have a mechanism in place to use them.
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Process orders and to send information and updates pertaining to orders
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be accordance with the CAN-SPAM Act we agree to:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of any email from us and we will promptly remove you from all correspondence, or the portions or notifications you select.
If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of any subscription email from us and we will promptly remove you from all correspondence, or the portions or notifications you select. Transaction emails from our store relating to purchases are not part of a subscription and do not contain unsubscribe information
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor information may be checked through an automated spam detection service.
This includes technical measures such as encryption; security measures such as two factor authentication; and measures such as staff training in data protection.
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
No one can view your password (including you), however we can change/create a new password or have a new password generated and emailed to you.
In the event of a data breach, we will notify any and all persons regarding what information was potentially exposed. We do not collect, maintain, or have access to any sensitive credit card or financial information from users.
View our contact information here