Terms of Use
The Upcelerate team would like to welcome you to our website and thank you for using our products and services. Your agreement to our terms is implied with your usage of our product, so please read the complete terms of use below. This is a legally binding agreement that you are entering into. We founded Upcelerate to enable job seekers to showcase themselves and for recruiters to find top candidates more efficiently so that ultimately the right candidate is connected to the best job. Together, the terms of use and the privacy policy, which outlines how and when we collect, use, and disclose your personal information, form what is hereafter refered to as "the agreement". You are bound to this agreement, even if as an individual you use our service on behalf of a company, even if the company has an agreement with us. If you choose to not access our site, you are deemed to be not using our service. When you register or set up an account, you must abide by all rules and regulations as stipulated in the agreement. This shows that you have read and understood all conditions of the agreement and are bound by its conditions. When you click the sign up button or equivalent to set up an account, you consent that the click is a valid electronic signature.
This agreement entitles you to follow all applicable laws as well as our rules. Amendments may be made with or without notice at any time. By accessing the site and/or signing up for an account, you are granting us unlimited, royalty-free, exclusive rights to copy, use, analyze, improve upon, publish, remove, or commercialize all uploaded content in any way that exists now or in the future. Upcelerate is not responsible whatsoever for how any third party misuses the information that you upload. When you follow this agreement, you are given limited access to use Upcelerate through a web browser (not through spidering, crawling, scraping, or other technology software to gain access to our data without our written consent) to use our service expressed on accessible web pages. Reverse engineering, decompiling, disassembling, or otherwise trying to gain access to the source code is expressly not permitted. Any other use is prohibited and violates this agreement. We are reserving all rights granted in this agreement, especially ownership, title, intellectual property rights, all copies made of our website, and all other rights. Export control is important to us. You shall not break any export laws. Selling, exporting, or transferring any software to an end-user without obtaining consent from the appropriate authority (government) is not allowed. You also certify to us that you are not prohibited from receiving services, products, or software originating in Canada or the US.
Any and all suggestions that you give Upcelerate to improve the product or service grant Upcelerate an irrivocable, perpetual, royalty-free license to use the suggestions in any appropriate way now or in the future. You are not entitled to any reimbursement or compensation under any circumstances of any kind from Upcelerate. By giving a suggestion to Upcelerate, you agree that such suggestions do not contain confidential information and you have the expectation that there will be no confidentiality around any such suggestions. This does not affect the confidentiality that Upcelerate respects with regards to other correspondence.
We may choose to improve, update, and expand service as long as we offer our service. In this agreement, access to Upcelerate as it may exist may be available on any day and we have no obligations whatsoever. We may discontinue part or all of our service, change prices for our service, remove any content from your account without notice, or make any other change to Upcelerate at any time. We have no obligation to provide a copy of any content or to maintain or store any content that you provide when using any of our services.
Upcelerate may link to other sites on the internet or provide functionality to third parties. You are responsible for determining if you want to access such sites and/or provide information to such third parties. We are not responsible for the availability, content, or agreements in place when visiting external sites. You may want to review the terms of use and privacy policy in place at those sites before sharing information with them. Any third party has the potential to use your information in ways that Upcelerate would not. In the case of third parties on Upcelerate, we recommend that you carefully consider who you share your information with. Upcelerate has no responsibility for verifying identities and cannot be found liable for any damages associated with any information that you share on or off of Upcelerate.com.
Your use of Upcelerate confirms that you meet all of the following criteria. Upcelerate is absolutely not to be used by children under the age of 13. In certain jurisdictions, the minimum age may be greater. In Canada and the United States, as well as Australia, South Korea, Germany, Spain, the minimum age is 14. If you reside in the Netherlands, the minimum age is 16 and in the People's Republic of China, the minimum age is 18. You certify that you have not been previously banned from using Upcelerate. Furthermore, you warrant that you are not a competitor of Upcelerate and are not using Upcelerate's services for any reasons whatsoever that would be in competition with Upclerate. You also agree to only maintain a single Upcelerate account at any given time and that the account will only contain accurate and truthful information. Your acceptance of the agreement indicates your right to enter into such an agreement and that doing so will not violate any other agreement that you are a part of. You will not use the service to violate any rights or applicable laws, especially including copyrights and trademarks. You agree to provide at your cost and no cost to Upcelerate all equipment and internet access required to use the Upcelerate services.
While you agree to license to Upcelerate everything that you upload to Upcelerate, for the purpose of disputes between you and a third party, your account belongs to you and Upcelerate holds no liability for the contents of your account. You must agree to keep your Upcelerate password secure and confidential and you agree that only you will use your account. Additionally, by accessing the site, you agree to never use someone else's Upcelerate account. You are not permitted to sell, trade, or transfer your Upcelerate account to another party and you will never charge anyone for access to information accessible from your account or otherwise accessible on the site. You can give the Upcelerate team written notice by email at team@upcelerate.com of your intent to close your account and we will do so within 10 business days. Such action will also remove you from our email list.
You agree to hold harmless Upcelerate, its directors, shareholders, and employees for all damages and costs incurred as a result of using the service. Furthermore, you must pay Upcelerate for any losses incurred from your usage of Upcelerate that does not abide by this agreement. For example, but not limited to this example, you would owe us reasonable attorney's fees and any other costs associated with an investigation that results from your failure to comply in full with this agreement.
Through the purchase of any Upcelerate product or service, you agree that your payment information may be stored in accordance with our privacy policy. If you subscribe to a product or service, you give Upcelerate permission to bill the payment method entered until you cancel the product or service. You also give Upcelerate permission to charge you interest on overdue accounts and you acknowledge that failure to pay may result in the termination of your premium service. Upcelerate does not support all currencies or payment methods and you acknowledge that paying in an alternate currency may result in transaction fees billed to your form of payment in addition to the cost of Upcelerate and any associated taxes. Upcelerate has no responsibility for such costs incurred by you. In the event that a form of payment expires, this does not constitute a cancellation and you will continue to be responsible for all payments billed to your account. If you reside in Canada or you are required to pay HST, you must pay all taxes at the time of purchase. The amount of the HST is calculated based on your billing address. As such, by making a purchase, you certify to us that the billing address entered is accurate and can be used to calculate applicable tax. Upcelerate's official policy is to not issue refunds of purchases for any reason, especially not for reasons that are tied to dissatisfaction of the service or for lack of usage of the service. If you feel that you have an extenuating circumstance, you may email team@upcelerate.com and we will thoughtfully consider your request on a case-by-case basis. In no way does this guarantee that we will issue a refund, it merely gives us the option to do so in the event that we decide to.
By giving us your email, creating an account with your email, or providing Upcelerate any other contact information, you explicitly give us permission to contact you using any provided channel. Should you wish to no longer receive messages from Upcelerate, you may email team@upcelerate.com to deactivate your account. You agree that Upcelerate has no liability with regards to any missed notifications arising from the failure to keep all of your contact information up-to-date.
Information provided to Upcelerate may reveal specific facts about your identity. For example, but not limited to this example, a video recorded on Upcelerate has the potential to disclose protected information about you including your gender, age, and/or ethnic background or other facts about you. You agree that any information uploaded to Upcelerate is provided voluntarily and that Upcelerate may process the information in accordance with the privacy policy.
You agree to use Upcelerate the way that it is intended to be used and does not impact other users' use of the site. Furthermore, you agree that you will not use Upcelerate to send unwanted, unsolicited, and/or inappropriate email messages that would be considered spam by the recipient. We reserve the right to limit the number of actions that you complete to a reasonable number. Upcelerate may also close your account to enforce the agreement or to protect other Upcelerate users.
Specifically, Upcelerate always maintains the right to the "UP" logo and all of the distinctive marks on the Upcelerate website and Upcelerate reserves all of the intellectual property rights that comprise the service. Conversely, use of the service does not give you any rights or license with respect to our intellectual property.
In the event that a part of this agreement is found to be illegal, void, or unenforcible by a court, Upcelerate reserves the right to edit the agreement to make such a part enforcible to the maximum extent permitted. All other sections of the agreement remain fully enforcible and unaffected. In the event that you view the terms of use or privacy policy in a language other than English, you agree that your relationship with Upcelerate is governed by the most current version in English. In the event that we do not act upon a breach of this agreement, Upcelerate reserves the right to act on the original breach or a future breach at any time in the future. Inaction does not grant users informal waivers, agreements, or representations of any kind.
In the event that you feel an authorized need to breach this agreement, you must put the details in writing 30 days beforehand. This gives us time to remedy the situation or approve the individual request if we decide to do so.
UPCELERATE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS. USER GENERATED CONTENT IS NOT VETTED AND MAY CONTAIN ERRORS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. CLOSING YOUR ACCOUNT (PER ABOVE) IS YOUR SOLE AND EXCLUSIVE REMEDY. UPCELERATE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY MESSAGING FUNCTIONALITY AND CANNOT BE FOUND LIABLE IF A MESSAGE IS NOT DELIVERED. DUE TO THE NATURE OR USER GENERATED CONTENT, WE MAKE NO WARRANTIES THAT CONTENT ON THE SITE DOES NOT INFRINGE OTHERS' INTELLECTUAL PROPERTY. UPCELERATE HAS NO OBLIGATION TO VERIFY IDENTITIES AND IS HELD HARMLESS FROM ANY LIABILITIES ASSOCIATED WITH IDENTITY THEFT OR MISUSE OF YOUR INFORMATION. THERE ARE NO GUARANTEES THAT THE SERVICE WILL BE OPERATIONAL AND WE DISCLAIM ALL LIABILITY ARISING FROM AN OUTAGE. WE ALSO DISCLAIM ALL LIABILITY FOR INAPPROPRIATE ACCESS, POSSIBLE DATA LOSS, AND ANY OTHER INTERUPTION OR ISSUE AFFECTING YOUR USE OF THE SERVICE. UPCELERATE CAN NEVER BE FOUND LIABLE FOR MORE THAN THE AMOUNT PAID TO UPCELERATE DURING THE MONTH IN QUESTION. WE RESERVE THE RIGHT TO ENTER INTO A SEPARATE AGREEMENT WITH YOU FOR OUR SERVICES THAT OVERRIDES PART OR ALL OF THIS AGREEMENT.
IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND OUR PRIVACY POLICY, YOU SHOULD NOT USE UPCELERATE.COM OR ANY ADDITIONAL FEATURES OR FUNCTIONALITY OFFERED THROUGH THIS SITE.