Effective Date: [7/3/24]
These are the Terms of Service (the “Terms”) for Upwardly Global (“Upwardly Global”). These Terms apply when you use our website, software, and other services (our “Services”) as an individual searching for a job (a “Job Seeker”), as an organization searching for employees (an “Employer”), or as an organization providing services and support to Job Seekers (a “Partner”).
Unless otherwise agreed upon in writing or additional terms with Upwardly Global, the Terms and the Privacy Policy constitute the entire agreement between Upwardly Global and you regarding your use of the Services. Please be aware that these Terms constitute a binding legal agreement. You agree you are responsible for your use of our Services and any resulting consequences. You may use our Services and interact with us only in compliance with these Terms and all applicable laws.
When using additional Upwardly Global products and services, you may be subject to any additional terms that are otherwise made available from time to time.
Eligibility
By accepting these Terms through your use of our Services, you certify that you are at least 18 years of age. If you are under the age of 18, you are not permitted to use our Services.
If you are accepting these Terms on behalf of an entity or organization adhering to these Terms as an Employer, you represent, warrant, and agree that you have the authority to accept these Terms.
License Grant
Job Seekers. Subject to and conditioned upon your strict compliance with all terms and conditions set forth in these Terms, Upwardly Global hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use our Services (which include all employment advice such as videos, worksheets, learning modules, and templates) only for personal, non-commercial use to seek employment opportunities for yourself as a Job Seeker. This license grants you the right, exercisable solely by you, to use the Services. You agree you are solely responsible for the content you post on our Services and any consequences arising from such content. Upwardly Global reserves the right to terminate this license at any time.
Employers. Subject to and conditioned upon your strict compliance with all terms and conditions set forth in these Terms, Upwardly Global hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited administrative license to use our Services (which include all videos, worksheets, learning modules, templates, and employer facing materials) for the sole purpose of searching for Job Seekers, and enhancing Employer processes and procedures to seek out Job Seekers and increase awareness and equitable inclusion of immigrant and refugee Job Seekers. This license grants you the right, exercisable solely by you (or any personnel authorized to use the Services on behalf of an Employer (an “Authorized User”)) to use the Services. Upwardly Global reserves the right to terminate this license at any time. Authorized Users may be given administrative or learning licenses from the Employer.
Partners. Subject to and conditioned upon your strict compliance with all terms and conditions set forth in these Terms, Upwardly Global hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use our Services (which include all videos, worksheets, learning modules, templates,) for the sole purpose of providing learning materials and assistance to Job Seekers and training personnel to coach Job Seekers. This license grants you the right, exercisable solely by you or an Authorized User to use the Services. Upwardly Global reserves the right to terminate this license at any time.
Representations and Warranties
By using our Services as an Employer, Job Seeker, or Partner, you represent, warrant, and agree you and any Authorized Users:
- Meet all age and eligibility requirements expressed in these Terms;
- Are solely responsible for the accuracy, legality, and appropriateness of your use of the Services, including all data, files, and communications entered into the Services, as well as the use of downloadable assets generated from the Services;
- Will only use our Services for lawful purposes; and
- Will only use our Services for its intended purposes.
Use Restrictions
You shall not, and shall require any Authorized Users to not, directly or indirectly:
- Use (including make any copies of) the Services beyond the scope of the license granted in these Terms;
- Except as permitted by these Terms, allow any other individual to access the Services;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or any part thereof;
- Combine the Services or any part thereof with, or incorporate the Services or any part thereof in, any other programs;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Services, including any copy thereof;
- Use the Services in violation of any law, regulation, or rule; or
- Use the Services for purposes of competitive analysis of the Services, the development of a competing software product or service, or any other purpose that is to Upwardly Global’s commercial disadvantage.
Responsibility for Use of Services
You are responsible and liable for all uses of the Services through access provided by you, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Services by its Authorized Users or by any other individual whom you or an Authorized User may provide access to or use of the Services, whether such access or use is permitted by or in violation of these Terms.
Communications
As part of your use of our Services, as an Employer user or Job Seeker or Partner user, you consent to receive electronic notifications from Upwardly Global.
You may opt-out of receiving certain promotional communications via the Serices by completing the opt-out process provided in each email message. If you do not want to be contacted through our other communication channels, you can notify us at the contact information provided below. By opting-out, you understand that we may not be able to communicate certain information to you. Please note, we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.
Account Creation
In order to use or access certain Services or features of the Services, you will be asked to register for a “Job Seeker”, “Employer”, or “Partner” account (an “Account”). By registering for an Account, you agree to:
- Provide accurate, current, and complete information about you and any Authorized Users during the registration process;
- Maintain and promptly update such information to keep it accurate, current, and complete;
- Maintain the security of your password and login information, and that you will not disclose your password or login information to any third party;
- Accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and
- Immediately notify Upwardly Global of any unauthorized use of your Account.
Failure to abide by the above sections constitutes a breach of these Terms, which may result in immediate termination of your Account or other access to the Services.
Upwardly Global maintains the right to suspend or disable your access to the Services and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if Upwardly Global otherwise determines such action is warranted. Upwardly Global reserves the right to revoke your access to and use of the Services at any time, with or without cause.
Cancellation of Your Account or Use of the Services
You may cancel your Account or your access to the Services at any time by contacting Upwardly Global at info@upwardlyglobal.org.
Upon cancellation of your Account, Upwardly Global may:
- Retain your information and content indefinitely;
- Continue to use your information for research purposes indefinitely; and
- Retain, use, and continue to show information about your use of the Services.
Availability and Modifications to Services
We reserve the right to change, modify, update, patch, correct, withdraw, or amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict user access to some parts or the entirety of our Services. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality of the Services.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services; and
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
Upwardly Global reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
Collection and Use of Information
You acknowledge that Upwardly Global may, directly or indirectly through the services provided by third parties, collect and store information regarding use of the Services and about equipment on which the Services is installed or through which it otherwise is accessed and used.
You agree that Upwardly Global may use such information for any purpose related to any use of the Services by you or on your equipment, including but not limited to, improving the performance of the Services or developing updates to the Services, and verifying your compliance with these Terms.
Terms Specific to Job Seekers
Resume and Information Sharing. By creating a resume and profile through the Services or uploading a file resume on our Services, you authorize Upwardly Global to make your resume or profile information available (“Job Seeker Materials”) to anyone accessing our Services, such as Employers. You are responsible for keeping any information on your resume correct, accurate, and up-to-date.
License to Job Seeker Materials. You hereby grant Upwardly Global a non-exclusive, worldwide, royalty-free license to use the any content uploaded to the Services by you, including but not limited to, new hire stories, testimonials, and resume information.
Job Seeking Assistance. Upwardly Global offers Job Seekers certain services, including resume review, job coaching, general career guidance, and learning materials (“Job Seeker Services”). Job Seeker Services are guidance only, and it is your responsibility to determine how to use Job Seeker Services. Job Seeker Services are provided on an optional basis, and Upwardly Global shall have no liability with respect to actions taken or not taken, including but not limited to submitting job applications, preparing for and participating in interviews, and career planning, based on the contents or advice taken from Job Seeker Services.
No Guarantees. You understand that Upwardly Global does not guarantee any results from the Services, including job interviews, job placement, guaranteed employment, or salary.
Interactions with Employers and Partners. You acknowledge and agree you are solely responsible for your interactions with Employers and Partners, and you agree to act in a professional, responsible manner when engaging with Employers and Partners on the Services. Any disputes between Job Seekers and Employers must be resolved directly. Upwardly Global shall not be obligated to enter or remedy any disputes between Job Seekers and Employers, or Job Seekers and Partners. Upwardly Global shall have no liability for any dispute between Job Seekers and Employers or Partners.
Terms Specific to Employers
Interactions with Job Seekers. You acknowledge and agree to deal fairly and professionally with any Job Seekers you may be connected with through the Services. You are solely responsible for your interactions with Job Seekers. Any disputes between Job Seekers and Employers must be resolved directly. Upwardly Global shall not be obligated to enter or remedy any disputes between Job Seekers and Employers. Upwardly Global shall have no liability for any dispute between Job Seekers and Employers.
Job Seeker Information. You represent, warrant, and agree that you will comply with all applicable laws, rules, regulations, and standards, including but not limited to, the General Data Protection Regulation, when handling the data and personal information of Job Seekers.
Terms Specific to Partners
Interactions with Job Seekers. You are solely responsible for your interactions with Job Seekers. Any disputes between Job Seekers and Partners must be resolved directly. Upwardly Global shall not be obligated to enter or remedy any disputes between Job Seekers and Partners. Upwardly Global shall have no liability for any dispute between Job Seekers and Partners.
Job Seeker Materials. When providing any Job Seeker Materials directly to Upwardly Global, you represent, warrant, and agree that you have full right and authority to provide the Job Seeker Materials.
Third-Party Advertising & Marketing
Upwardly Global may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our Services and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Upwardly Global and our partners. If you do not wish to receive such advertising, you may opt-out with the instructions provided within the communication. Upwardly Global may compile and release information regarding you and your use of our Services, on an anonymous basis, as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Services.
Intellectual Property Rights
Services Protection. You acknowledge that the Services are provided under license and are not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms. Upwardly Global reserves and shall retain its entire right, title, and interest in and to the Services and all intellectual property rights arising out of or relating to the Services, except as expressly granted to you in these Terms. You shall safeguard all Services (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify Upwardly Global if you become aware of any infringement of Upwardly Global’s intellectual property rights in the Services and fully cooperate with Upwardly Global in any legal action taken by Upwardly Global to enforce its intellectual property rights.
Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to Upwardly Global is non-confidential, and Upwardly Global will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
No Endorsement
Nothing on the Services shall be considered an endorsement, representation or warranty with respect to any Job Seeker, Employer, Partner, or third party whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
Disclaimer of Warranties
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UPWARDLY GLOBAL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, UPWARDLY GLOBAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UPWARDLY GLOBAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF UPWARDLY GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL UPWARDLY GLOBAL ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UPWARDLY GLOBAL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
Modification of Terms
We may modify these Terms at any time. We will post the changes on our Services with the effective date, and notify you of any material changes. Your continued use of our Services or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law & Assignment
These Terms will be governed by the laws of New York without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Upwardly Global agree to submit to the personal and exclusive jurisdiction of the local courts located in New York, New York and the federal courts located in the United States Court of the Southern District of New York. Upwardly Global may assign or transfer these Terms, in whole or in part, without restriction.
Waiver & Severability
The failure of Upwardly Global to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
In case any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Claim Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Information
If there are any questions regarding these Terms or to request a copy of this Policy in another format you may contact us at info@upwardlyglobal.org.