TERMS OF SERVICE

KAYLEY Media LLC DBA UPLVL Agency

Last Updated: March 2026

BY VISITING HTTPS://WWW.UPLVLAGENCY.COM/, YOU ARE CONSENTING TO THESE TERMS OF SERVICE.

OVERVIEW

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These Terms of Service ("Terms") govern your use of the website located at https://www.uplvlagency.com/ (the "Site"), owned and operated by KAYLEY Media LLC, an Arizona limited liability company doing business as UPLVL Agency ("Company," "we," "us," or "our"). All visitors and users of this Site are referred to as "you" and "your."

By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms without modification. We reserve the right to update or modify these Terms at any time by posting revised Terms on this Site. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms.

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1. ELIGIBILITY

To access or use this Site, you must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. By using this Site, you represent and warrant that you meet these requirements.

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2. PERMITTED USE

You may use this Site for lawful purposes only. You agree not to use this Site to:

• Violate any applicable local, state, national, or international law or regulation

• Transmit any content that is threatening, abusive, defamatory, libelous, obscene, or otherwise objectionable

• Infringe upon the intellectual property, privacy, or publicity rights of any third party

• Impersonate any person or entity or misrepresent your affiliation with any person or entity

• Introduce any virus, malware, or other harmful code to the Site

• Attempt to gain unauthorized access to any portion of the Site or its related systems

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3. SERVICES

UPLVL Agency provides done-for-you public relations services on a six (6) month retainer basis. Services are focused on securing media opportunities across platforms including podcasts, digital and print publications, and television, and are designed to increase Client visibility and brand presence.

All PR services are governed by a separate Client Services Agreement executed at the time of engagement. In the event of any conflict between these Terms and a signed Client Services Agreement, the Client Services Agreement controls.

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4. APPLICATION AND PURCHASE PROCESS

Prospective clients may apply for PR services through the application form on this Site. Submission of an application does not constitute acceptance into UPLVL's client roster. UPLVL reserves the right to review each application and accept or decline any applicant at its sole discretion.

Upon approval, applicants will receive a Client Services Agreement for electronic execution. Payment is processed through Stripe upon execution of the Client Services Agreement. All fees are stated in United States Dollars (USD).

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5. REFUND AND CANCELLATION POLICY

All fees paid to UPLVL Agency are non-refundable except as expressly provided in the Client Services Agreement. UPLVL does not offer refunds on retainer payments or strategy and onboarding work already performed. Cancellation terms are governed exclusively by the Client Services Agreement signed at the time of engagement.

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6. INTELLECTUAL PROPERTY

All content on this Site, including without limitation text, graphics, logos, images, photographs, designs, and the selection and arrangement thereof, is owned by or licensed to KAYLEY Media LLC and is protected by applicable United States and international intellectual property laws.

You may view, print, and download one copy of Site materials for your personal, non-commercial use only, provided you keep intact all copyright and proprietary notices. You may not modify, publish, transmit, distribute, reproduce, perform, or exploit any Site content in any format, in whole or in part, without our prior written consent. We reserve the right to terminate your access to the Site immediately for any violation of this provision.

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7. THIRD PARTY LINKS AND RESOURCES

This Site may contain links to third-party websites and resources. We are not responsible for the availability, accuracy, content, or policies of any third-party websites or resources. Links to such websites do not imply endorsement or affiliation. You access third-party websites at your own risk.

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8. DISCLAIMER OF WARRANTIES

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE.

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9. RESULTS DISCLAIMER

The client results, media placements, testimonials, and outcomes featured on this Site represent the individual experiences of specific UPLVL Agency clients and are not guaranteed, typical, or promised results. Results shown are above average and reflect a combination of UPLVL's strategic outreach efforts, the individual client's active participation and responsiveness, and third-party editorial decisions made entirely at the discretion of independent media outlets.

Public relations is an effort-based service. Media placements depend substantially on factors outside of anyone's control, including the editorial decisions of media outlets, current media trends, and market conditions. No specific placement, outlet, business outcome, revenue increase, or reputational result is guaranteed. Individual results will vary.

Nothing on this Site constitutes a guarantee of future media placements, business outcomes, or earnings of any kind.

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10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAYLEY MEDIA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KAYLEY MEDIA LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL FRAUD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

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11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KAYLEY Media LLC, its owners, officers, employees, contractors, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (i) your use of this Site; (ii) your breach of these Terms; (iii) any content you submit or transmit through the Site; or (iv) your violation of any applicable law or the rights of any third party.

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12. ONLINE PAYMENTS AND COMMERCE

Payment for UPLVL Agency services is processed through Stripe. By submitting payment, you agree to Stripe's terms of service and privacy policy in addition to these Terms. All transactions are conducted in United States Dollars. We do not store your full credit card information on our servers. Payment information is handled securely by Stripe in accordance with PCI DSS standards.

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13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

Any dispute arising out of or related to these Terms or your use of this Site that exceeds $10,000.00 shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall take place in Phoenix, Arizona. For disputes involving claims of $9,999.99 or less, venue shall lie in the Municipal Court or Small Claims Court in Phoenix, Arizona. The prevailing party in any dispute shall be entitled to an award of reasonable attorneys' fees and costs.

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14. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed in accordance with the purposes and intent of these Terms.

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15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any signed Client Services Agreement, constitute the entire agreement between you and KAYLEY Media LLC regarding your use of this Site and supersede all prior agreements, representations, and understandings. No waiver of any provision of these Terms shall constitute a continuing waiver or a waiver of any other provision.

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16. CONTACT

If you have any questions or concerns regarding these Terms of Service, please contact us at kayley@uplvlagency.com.