Terms of Service

1. Acceptance of Terms

Welcome to The Upward Garden (theupwardgarden.com). These Terms of Service ("Terms") govern your access to and use of our website, products, services, and community (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Maya Chen-Reyes ("we," "us," or "our").

2. Description of Services

The Upward Garden provides:

• Digital books and educational content
• Newsletter subscriptions with free resources and updates
• Downloadable materials and resources
• Email support and guidance

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. User Accounts and Registration

3.1 Newsletter Subscription

When you subscribe to our newsletter, you agree to provide accurate, current, and complete email information. You are responsible for maintaining the accuracy of this information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your download links and account access. Any activities that occur under your account are your responsibility.

4. Purchases and Payments

4.1 Pricing

Products are available for purchase through our website or authorized retailers. Pricing may change at any time. Price changes will not affect purchases already made.

4.2 Payment Processing

Payments are processed securely through third-party payment processors. We do not store your payment card information on our servers.

By providing payment information, you authorize us to charge the specified amount for your purchase.

4.3 Delivery

Upon successful payment, you will receive an email with access to your purchased content. Download links are valid for 30 days.

4.4 Taxes

You are responsible for paying any applicable taxes, duties, or other governmental charges. Our prices do not include such charges unless explicitly stated.

5. Refund Policy

5.1 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee on purchases. If you are not satisfied with your purchase, you may request a full refund within 30 days of purchase.

5.2 Refund Requirements

To request a refund, you must:

• Contact us at hello@theupwardgarden.com within 30 days of purchase
• Provide your order number or purchase email
• Briefly explain why you're requesting a refund (optional but appreciated)

5.3 Refund Processing

Refunds will be processed within 5-7 business days to your original payment method. Upon refund:

• Your download links will be deactivated
• You agree to delete all downloaded copies of the materials

5.4 Exceptions

Refunds may be denied if:

• Request is made after 30 days
• There is evidence of abuse or fraud
• You have violated these Terms of Service

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and intellectual property on our Services, including but not limited to text, graphics, logos, images, and software, are owned by Maya Chen-Reyes or licensed to us.

6.2 Limited License

Upon purchase, we grant you a limited, non-exclusive, non-transferable license to:

• Access and use the materials for your personal, non-commercial use
• Download one copy for offline reading
• Print one copy for personal use

6.3 Restrictions

You may NOT:

• Reproduce, distribute, or publicly display our content without written permission
• Modify, reverse engineer, or create derivative works
• Share your download links or account access with others
• Resell, sublicense, or commercially exploit our materials
• Remove copyright notices or proprietary markings

6.4 DMCA Compliance

We respect intellectual property rights. If you believe your work has been infringed, contact us at hello@theupwardgarden.com with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Your electronic or physical signature

7. User Conduct

7.1 Acceptable Use

When using our Services, you agree to:

• Use the Services only for lawful purposes
• Respect the rights and dignity of others
• Provide accurate information when required

7.2 Prohibited Conduct

You may NOT:

• Share false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems
• Use automated tools (bots, scrapers) without permission
• Violate any applicable laws or regulations
• Impersonate us or other users

7.3 Enforcement

We reserve the right to remove content, suspend accounts, or terminate access for violations of these Terms.

8. Disclaimers and Limitations

8.1 Educational Content

THE CONTENT PROVIDED IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.

Your results may vary based on your skills, effort, and other factors beyond our control.

8.2 No Guarantees

We make no guarantees or warranties about specific outcomes from using our materials.

8.3 "AS IS" Services

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.4 Third-Party Services

Our Services may integrate with or link to third-party services (payment processors, email services). We are not responsible for the availability, content, or practices of these third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAYA CHEN-REYES AND THE UPWARD GARDEN SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use our Services
• Damages from unauthorized access to your data or account

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Maya Chen-Reyes, The Upward Garden, and our affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another person or entity

11. Privacy and Data

Your use of our Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

Please review our Privacy Policy for details on how we collect, use, and protect your information.

12. Termination

12.1 By You

You may stop using our Services at any time. To unsubscribe from our newsletter, click the unsubscribe link in any email or contact us at hello@theupwardgarden.com.

12.2 By Us

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, including for:

• Violation of these Terms
• Fraudulent or abusive behavior
• Chargebacks or payment disputes
• Legal requirements or court orders

12.3 Effect of Termination

Upon termination:

• Your access to Services will cease immediately
• Download links will be deactivated
• You must cease using our content and materials

13. Dispute Resolution

13.1 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us at hello@theupwardgarden.com to resolve any disputes informally.

13.2 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

13.3 Arbitration Agreement

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on our website with a new "Last Updated" date.

Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.

Material changes will be communicated via email to newsletter subscribers.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not transfer or assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

16. Contact Information

If you have any questions about these Terms, please contact us: