Welcome to Up Vista. These Terms and Conditions ("Terms") govern your use of the Up Vista website and any forms, scheduling tools, communications, or services we provide. By using this site or submitting any form, you agree to these Terms. If you do not agree, please do not use the site.
1. Who We Are
Up Vista is a marketing agency based in Indianapolis, Indiana that helps service-based businesses generate leads through paid advertising, automated follow-up, and creative strategy. References to "Up Vista," "we," "us," or "our" refer to Up Vista. References to "you" or "your" refer to the person or entity using the site or our services.
2. Eligibility
You must be at least 18 years of age to use the Up Vista website, submit any form, book a call, or otherwise engage with Up Vista's services. By using the site or submitting any form, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms.
The Up Vista website and services are intended for business owners, operators, and decision-makers and are not directed at minors. If you are under 18, please do not use the site, submit any form, or provide any personal information to Up Vista. If we learn that we have collected information from someone under 18, we will delete it.
3. Use of the Website
You may use the Up Vista website for lawful purposes only. You agree not to:
- Use the site in any way that violates applicable laws or regulations.
- Attempt to interfere with, disrupt, or gain unauthorized access to the site or any related systems.
- Use any automated system to scrape, harvest, or collect information from the site.
- Impersonate any person or misrepresent your affiliation with any person or entity.
- Use the site to transmit any viruses, malware, or other harmful code.
We reserve the right to suspend or terminate access to the site for anyone who violates these Terms.
4. Form Submissions, Calendly Bookings, and SMS Consent
Submitting a form is your express consent for us to contact you, including by text message.
When you submit your phone number through our Calendly booking link, any form on this website, or any other Up Vista intake form (including landing pages, lead magnets, and partner forms), you expressly agree that Up Vista may contact you by phone call, voicemail, and SMS or MMS text message at the number provided, including by automated means, regarding your inquiry, scheduled appointments, our services, and related promotional content.
You confirm that the phone number you submit belongs to you or that you are authorized to provide it, and that you are the current subscriber or customary user of that number.
Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can opt out of SMS at any time by replying STOP, or reply HELP for help. You can also email hello@up-vista.com at any time to be removed from our calling or messaging lists.
You agree that any information you submit through our forms is accurate, current, and complete. Up Vista is not responsible for messages that fail to reach you because of an inaccurate or out-of-date phone number, email address, or other contact information you provided.
Carrier Liability Disclaimer
Wireless carriers are not liable for delayed or undelivered messages. Up Vista uses third party messaging providers (including Twilio) and the underlying wireless carriers (including but not limited to AT&T, T-Mobile, Verizon, U.S. Cellular, Sprint, Boost, MetroPCS, Cricket, and other participating carriers) to send SMS and MMS messages on its behalf. Neither Up Vista nor any wireless carrier is liable for delayed, undelivered, dropped, misdirected, or failed delivery of any text message, for content of any message, or for any charges incurred as a result of message delivery or attempted delivery.
Message and data rates may apply and are determined by your wireless carrier and your service plan. Up Vista has no control over and is not responsible for charges imposed by your wireless carrier. You are solely responsible for any charges associated with receiving SMS or MMS messages at the number you provided. Up Vista is not liable for any incidental, consequential, or other damages arising out of message delivery delays, failures, or carrier issues.
5. Client Engagements
Information provided on the Up Vista website describes our services at a general level. Becoming an Up Vista client requires a separate written engagement (such as a Service Agreement, proposal, or order form) that sets out the scope of work, deliverables, fees, payment terms, and other specific terms. Nothing on the website constitutes an offer to provide services on any particular terms.
Ad spend, when billed, is paid directly by you to the advertising platform (for example Meta) and is separate from Up Vista's service fees.
6. Calendly and Other Third Party Tools
We use Calendly for scheduling and may use other third party tools for forms, CRM, automation, calling, messaging, and payments (including, for example, GoHighLevel, Twilio, and Meta). When you interact with these tools you may also be subject to their own terms and privacy policies. Up Vista is not responsible for the availability, accuracy, or practices of third party services.
7. Intellectual Property
The Up Vista name, logo, website design, copy, graphics, case studies, frameworks (including the Backyard Vacation System), and other content are the property of Up Vista or its licensors and are protected by copyright, trademark, and other laws. You may not copy, reproduce, modify, distribute, or create derivative works from any of this content without our prior written permission.
You retain ownership of materials you provide to us. By submitting content to Up Vista (for example, business information, testimonials, or assets for use in ad creative), you grant us a non-exclusive license to use that content as needed to provide our services to you and to reference the engagement in our portfolio and marketing unless we agree otherwise in writing.
8. Results, Testimonials, and Case Studies
Results described on the Up Vista website, including case studies, testimonials, and revenue or ROAS figures, reflect the actual experience of specific clients during specific periods. Past performance does not guarantee future results. Your results will depend on many factors outside Up Vista's control, including your offer, pricing, market, sales process, follow-up, response time, and execution. Up Vista makes no warranty or guarantee of any specific outcome.
9. Disclaimers
The website and any content on it are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Up Vista disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Up Vista does not warrant that the site will be uninterrupted, secure, or error-free.
10. Limitation of Liability
To the fullest extent permitted by law, Up Vista, its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the website or any form submission, even if we have been advised of the possibility of such damages.
If, despite the above, Up Vista is found liable for any matter relating to your use of the website (separate from a signed client engagement), our total aggregate liability will not exceed one hundred United States dollars ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Up Vista from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the website, your violation of these Terms, your violation of any law, or your violation of any rights of a third party (including providing a phone number you are not authorized to provide).
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Indiana, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the website will be resolved in the state or federal courts located in Marion County, Indiana, and you consent to personal jurisdiction and venue there.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the website after changes take effect means you accept the updated Terms.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be interpreted to most closely reflect its original intent.
15. Contact
Questions about these Terms? Reach out:
- Email: hello@up-vista.com
- Phone: (317) 754-7750
- Location: Indianapolis, Indiana, United States