Embedded Files
LAST UPDATED
LAST UPDATED
July 21, 2026
## 1. AGREEMENT TO TERMS
## 1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and **R & D Experiences LC**, doing business as **Upper Coaching** (“Upper Coaching,” “we,” “us,” or “our”), concerning your access to and use of the [www.uppercoaching.org](http://www.uppercoaching.org) website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
We are registered in Missouri, United States, with our registered office at:
**2920 Meramec Street, Unit 18882, St. Louis, MO 63118**
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. **IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY. ** **
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
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## 2. INTENDED AUDIENCE AND PROHIBITED USES
## 2. INTENDED AUDIENCE AND PROHIBITED USES
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site without explicit permission from a parent or guardian.
The Site is not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, or GLBA). If your interactions are subject to such laws, you may not use this Site.
By using the Site, you represent and warrant that:
1. You have the legal capacity and agree to comply with these Terms of Use.
2. You will not access the Site through automated or non-human means (e.g., bots or scripts).
3. You will not use the Site for any illegal or unauthorized purpose.
4. Your use of the Site will not violate any applicable law or regulation.
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## 3. INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENSE
## 3. INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENSE
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, protected by copyright and trademark laws.
Provided that you are eligible to use the Site, you are granted a **limited, non-exclusive, non-transferable, revocable license** to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
**Restrictions: ** Except as expressly authorized, you must not:
* Republish, sell, rent, sub-license, reproduce, duplicate, or redistribute material from the Site.
* Systematically retrieve data or other content from the Site to create or compile a collection, database, or directory without written permission from us.
* Circumvent, disable, or interfere with security-related features of the Site.
* Use the Site or Content for any revenue-generating endeavor, commercial enterprise, or competitive effort.
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## 4. USER CONTRIBUTIONS, REVIEWS, AND COMMENTS
## 4. USER CONTRIBUTIONS, REVIEWS, AND COMMENTS
Parts of this website may allow users to post opinions, reviews, or comments ("Submissions"). We do not filter, edit, publish, or review comments before they appear on the website, and comments do not reflect the views of R & D Experiences LC.
By posting comments or reviews, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, and distribute your Submissions for any lawful purpose without acknowledgment or compensation to you.
You represent and warrant that your Submissions:
* Do not infringe upon any third-party intellectual property rights.
* Do not contain unlawful, defamatory, libelous, offensive, or obscene material.
* Do not violate any laws or promote unauthorized commercial activities.
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## 5. REFUNDS AND CANCELLATION POLICY
## 5. REFUNDS AND CANCELLATION POLICY
There is a no-refund policy unless in excruciating circumstances. All approved refunds for services or products purchased through the Site will be issued as **store credit only**. We do not offer cash refunds. Store credit will be applied to your account, may be used for future purchases on our website, is non-transferable, and does not expire.
Orders or bookings may be canceled only during the processing phase prior to execution or shipment. To request a cancellation, please contact us at **contact@uppercoaching.org** immediately.
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## 6. DISCLAIMER OF WARRANTIES
## 6. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED BY ANY THIRD PARTY.
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## 7. LIMITATION OF LIABILITY AND INDEMNIFICATION
## 7. LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE.
You agree to defend, indemnify, and hold us harmless (including our subsidiaries, affiliates, officers, agents, and employees) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your Submissions; (2) use of the Site; (3) breach of these Terms of Use; or (4) your violation of the rights of a third party.
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## 8. DISPUTE RESOLUTION AND BINDING ARBITRATION
## 8. DISPUTE RESOLUTION AND BINDING ARBITRATION
**Informal Negotiations: ** To expedite resolution and control costs, any legal dispute related to these Terms shall first be negotiated informally for at least forty-five (45) days before initiating arbitration, commencing upon written notice.
**Binding Arbitration: ** If unresolved through negotiation, disputes will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall take place in St. Louis, Missouri. **YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. **
**Exceptions to Arbitration: ** Disputes regarding the enforcement or validity of intellectual property rights, claims alleging fraud or criminal activity, or actions qualifying for small claims court in St. Louis, Missouri, are exempt from binding arbitration.
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## 9. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
## 9. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify our Designated Copyright Agent:
**Designated Copyright Agent: ** Raven D. Pugh
**Address: ** 2920 Meramec Street, Unit 18882, St. Louis, MO 63118
**Email: ** info@uppercoaching.org
Notifications must satisfy the requirements of DMCA 17 U.S.C. § 512(c)(3).
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## 10. GOVERNING LAW
## 10. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the **State of Missouri**, applicable to agreements made and to be entirely performed within the State of Missouri, without regard to its conflict of law principles.
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## 11. CONTACT US
## 11. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
**R & D EXPERIENCES LC**
2920 Meramec Street, Unit 18882
St. Louis, MO 63118
United States
**Phone: ** (314) 282-7037
**Email: ** contact@uppercoaching.org
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