Effective as of July 01, 2016
By clicking “I accept” or by using the Upmetrics website(s) located at www.upmetrics.co (the “Upmetrics
Site”), the Upmetrics Web application located at app.upmetrics.co (“Upmetrics
Application”) or the Upmetrics software applications provided by Upmetrics Inc.
collectively referred to as the “Services.” If you are accessing and using the Services
on behalf of a company or other legal entity (such as your employer), you represent that you
have the authority to bind such company or other legal entity. In that case, “you” and
“your” will refer to that company or other legal entity. If you do not have such authority
because they govern your use of the Services.
The Use of the Services
To use the Services, you must be 13 years or older and you must not otherwise be barred from using the Services under applicable law. You must be a human, a company or any other recognized legal entity. It is not permitted to sign up for the Services using bots or other automated methods.
1.2 Restrictions on Use
You will not use the Services for any illegal or unauthorized purpose. You will comply with all laws, rules and regulations applicable to the use of the Services. Also, you must follow any instructions for the Services that are set forth in the Upmetrics Services.
You will not interfere with or disrupt the Services or the servers on which the Services and Content (as defined below) are hosted t, including without limitation by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You will not alter or interfere with the way the Services are rendered or displayed on a user’s device. You agree not to post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (v) promotes illegal or harmful activities or substances.
You will not try to access data on the Services that you have no permission to access, including, but not limited to, personally identifiable information from other users of the Services without their permission. You will not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Upmetrics or any of Upmetrics’s providers or any other third party (including another user) to protect the Services or Content.
You will not copy or share the Services, including, but not limited to, any software associated with the Services (whether in object or source code form). Further, you agree not to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content.
Unless expressly permitted by Upmetrics in writing, you must not download the Business Plan PDFs, or any user contents, or use bots or any other method to get permanent access to the Business Plan PDFs(Except if you are authorized to do the same).
Content and Content Rights
2.1 Content Ownership, Responsibility and Removal
2.2 Rights in Content Granted by Upmetrics
2.3 DMCA / Copyright Policy
Upmetrics respects copyright law and expects its users to do the same. It is Upmetrics’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Rights and Terms for Upmetrics Applications
Intellectual property rights
The Upmetrics Services and all intellectual property rights therein are the property of Upmetrics. The Services are licensed, and not sold to you. Upmetrics retains ownership of the Services and the code on which the Services are based.
15 Day Money Back GuaranteeWe offer our 15 Day Money Back Guarantee, which is offered to you under these Terms and Conditions.
- You must have purchased a Product directly from us.
- You must contact us on firstname.lastname@example.org within 15 days of first purchase.
- Money Back Guarantee does not apply on subsequent recurring payments.
You must provide us with the following information to validate your claim.
- Your name & registered email address;
- Purchase details;
- The reason that you’re claiming the Offer.
Any charges that you incur in contacting us about the Offer are your responsibility.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us (i) through the Services, (ii) via email at email@example.com, or (iii) through Upmetrics’s accounts on third-paContent Ownershiprty social networking services such as Facebook or Twitter. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The Services and CONTENT are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, UPMETRICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Upmetrics makes no warranty that the Services or the Recordings will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or Content.
Limitation of liability
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. Upmetrics provides these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Governing law and arbitration
14.1 Governing Law.
(a) Agreement to Arbitrate
(b) Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(c) Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
(d) Arbitration Location and Procedure
Unless you and Upmetrics otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Upmetrics submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Upmetrics will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Upmetrics will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).