User Agreement

The following are terms of a legal agreement between you and Upgrade Sales & Leasing LLC. By accessing, browsing and/or using this site (“Site”), or the services we provide through our mobile services and Websites (“Services”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to the Terms of Use, you are not authorized to use the Site and you must cease all such use immediately.

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Upgrade Sales & Leasing LLC from its offices within the United States. Upgrade Sales & Leasing LLC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Texas.

Account Registration & Termination

You may only have one Upgrade Sales & Leasing LLC account for use of the Site and Services; you may not create or use more than one account. You may not create an account for anyone other than yourself unless expressly authorized by Upgrade Sales & Leasing LLC. All information you provide to create an account must be accurate and complete. You may not impersonate any other person, or use a name or other personally identifiable information, that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree to notify Upgrade Sales & Leasing LLC immediately if you suspect any unauthorized use of your account or access to your password. Upgrade Sales & Leasing LLC has the right to terminate your account for any reason at our sole discretion.

Age and Residence Requirements

Our Site and Services are available to individuals age 18 and over. If you are younger than 18, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live, but our computer leasing and sales are only available to residents of the United States. All financial transactions will be processed in U.S. dollars.

Privacy

We understand your privacy is important to you, and that you care how your personal information is collected, used and shared with third parties. We appreciate your business and the trust you put in us when you provide your personal information while using our Service. Our policies and practices regarding our users’ privacy and personal information are detailed in the Upgrade Sales & Leasing LLC Privacy Policy. We may in our discretion identify any user to third parties, and/or disclose to third parties any content or information, including but not limited to personally identifiable registration information in response to a law enforcement request for such information.

Proprietary Rights

The Site and the Services are owned and operated by Upgrade Sales & Leasing LLC. Unless otherwise specified, all materials appearing on the Site, including the text, site design, logos, graphics, legal terms, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Upgrade Sales & Leasing LLC. All rights in images of computers, laptops, tablets or other technologies included on the Site or in the Service are reserved by the original copyright owners. Descriptive data is supplied by third parties. You may only use the content of the Site for your own personal use. You agree not to view, copy, or procure content or information from the Site by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Upgrade Sales & Leasing LLC under separate written agreement. No materials from the Site or the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Upgrade Sales & Leasing LLC’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

Email and Text Messages

Notifications or receipts from Upgrade Sales & Leasing LLC will be delivered to you by email at the address you provided to Upgrade Sales & Leasing LLC when you created your account or as later updated. You hereby agree and acknowledge that Upgrade Sales & Leasing LLC is not responsible to notify you in any way other than by email, even if you opt-in to receive text message reminders. Any such text notifications are a courtesy; you remain responsible for minding the due date(s) and other deadlines whether you receive communication from Upgrade Sales & Leasing LLC or not. Upgrade Sales & Leasing LLC will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. Upgrade Sales & Leasing LLC will have no responsibility for any misuse of such information if you provide such information via email or text message.

Account Cancelation

All sales are final. If your account is managed by a third-party finance company, your return or account cancelation are subject to the terms and conditions of that third-party and their contracts. Please read all contracts carefully.

Upgrade Sales & Leasing LLC may cancel your online account in its sole discretion any reason, including but not limited to inactivity or misuse.

Tax

Depending on your state and the nature of the product or service you receive from us, you may be obligated to pay a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.

Asset Ownership

Unless stated otherwise in your lease agreement, all assets under lease remain the property of Upgrade Sales & Leasing LLC even while the item is in your possession. Different underwriters have different terms and conditions in their contracts. Please read all contracts carefully.

Manufacturer’s Warranties

Neither Upgrade Sales & Leasing LLC nor PaymentPlanOutlet.com offer any express warranties. However, many of the products available through PaymentPlanOutlet.com are covered by Manufacturers’ Warranties. If a product is covered by a manufacturer’s warranty, it will be stated on that product’s web page. Manufacturers’ warranty details are typically available at the manufacturer’s website.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us.

Use Of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
4. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
5. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
6. conduct or forward surveys, contests, pyramid schemes or chain letters;
7. download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
8. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
9. restrict or inhibit any other user from using and enjoying the Communication Services;
10. violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
11. harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
12. violate any applicable laws or regulations.

Monitoring Of The Site And Communication Services

Upgrade Sales & Leasing LLC has no obligation to monitor the Site. However, you acknowledge and agree that Upgrade Sales & Leasing LLC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site, or to protect itself or other users of the Site. Similarly, Upgrade Sales & Leasing LLC has no obligation to monitor the Communication Services. However, Upgrade Sales & Leasing LLC reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Upgrade Sales & Leasing LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Upgrade Sales & Leasing LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, at Upgrade Sales & Leasing LLC’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Upgrade Sales & Leasing LLC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Upgrade Sales & Leasing LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Upgrade Sales & Leasing LLC spokespersons, and their views do not necessarily reflect those of Upgrade Sales & Leasing LLC.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UPGRADE SALES & LEASING LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF UPGRADE SALES & LEASING LLC OR AN UPGRADE SALES & LEASING LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. UPGRADE SALES & LEASING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE AT ANY TIME. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

We encourage and advise all visitors to our site to seek the advice of a certified financial professional or other qualified credit repair professionals if there are any questions about personal financial issues or problems. Never disregard, delay or avoid seeking financial advice from a qualified financial professional because of anything you have read on the Site.

Credit Reporting Disclosure

Upgrade Sales & Leasing LLC may seek information about your credit history from, and may report information to, credit bureaus. Upgrade Sales & Leasing LLC reserves the right to pull a consumer credit report for credit updates, renewals or extensions. Late payments, missed payments, or other defaults on your account, in addition to on-time payments, may be reflected in your credit report. Depending on the type of service you choose, such as the Outlet service, a third-party may review your credit history. Under no circumstances will Upgrade Sales & Leasing LLC be responsible for any credit-based decision made by a third-party.

Trademarks

Upgrade Sales & Leasing LLC (including the UpgradeUSA logo and icon, and PaymentPlanOutlet logo), and all related logos and iconography are registered trademarks, service marks, or licensed brands of Upgrade Sales & Leasing LLC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Upgrade Sales & Leasing LLC or others. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Upgrade Sales & Leasing LLC trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. Websites that link to Upgrade Sales & Leasing LLC are not necessarily investigated, monitored or checked for accuracy or completeness by Upgrade Sales & Leasing LLC. Inclusion of any linked Website or service on the Site does not imply approval or endorsement of the linked Site or service by Upgrade Sales & Leasing LLC. In addition, Upgrade Sales & Leasing LLC is not responsible for any damage, injury or loss caused by users of Upgrade Sales & Leasing LLC services or by any of the equipment or programming associated with or utilized in Upgrade Sales & Leasing LLC services or linked Websites. Posts and Websites created and posted by users on, though or in connection with Upgrade Sales & Leasing LLC services may contain links to other Websites or services. Upgrade Sales & Leasing LLC takes no responsibility for third-party advertisements that are posted on, through or in connection with Upgrade Sales & Leasing LLC services or related services, nor does it take any responsibility for the goods or services provided by these third parties. Under no circumstances will Upgrade Sales & Leasing LLC be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Upgrade Sales & Leasing LLC Services or linked services, attendance at an Upgrade Sales & Leasing LLC event, from any user Content posted on or through Upgrade Sales & Leasing LLC Services or linked services, or from the conduct of any users of Upgrade Sales & Leasing LLC Services, whether online or offline. Any questions concerning any Upgrade Sales & Leasing LLC trademarks, or whether any mark or logo is an Upgrade Sales & Leasing LLC trademark, should be referred to Upgrade Sales & Leasing LLC.

Our Transmissions

Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Upgrade Sales & Leasing LLC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Upgrade Sales & Leasing LLC will be handled in accordance with Upgrade Sales & Leasing LLC’s Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Indemnity

You agree to defend, indemnify and hold harmless Upgrade Sales & Leasing LLC, its subsidiaries and affiliates (including their respective owners, directors, officers, employees, agents, representatives and agents) from and against any and all loss, liability, claims and demands (including, without limitation, reasonable attorneys’ fees, costs and expenses) arising out of or relating to (a) any violation by you of the Terms of Use, or (b) any breach of any of your representations or warranties in the Terms of Use. These indemnity obligations shall survive any expiration or termination of your relationship with Upgrade Sales & Leasing LLC.

Miscellaneous

If any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of Upgrade Sales & Leasing LLC to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This “Miscellaneous” section shall survive any expiration or termination of your relationship with Upgrade Sales & Leasing LLC.

Term of Use Revisions

Upgrade Sales & Leasing LLC may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

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