Upward.net

Universal Terms and Conditions

Last Updated August 24, 2015

Welcome to the websites and online services of Upward.net LLC ("Upward.net," "we," or "us"). These Terms of Use (the "Terms") explain the terms and conditions by which you may use our online services, mobile services, websites, and Upward.net related sites and applications (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service. These Terms include the Upward.net Privacy Policy, which is incorporated by reference herein.

These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes against Upward.net and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against Upward.net on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.

We may revise these Terms at any time by notifying you as provided herein. If we significantly amend these Terms, we will give you at least seven (7) days' notice before the changes take effect by sending a notice to the email address registered in your account, or by placing a prominent notice on our websites, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms or Privacy Policy, do not use (or continue to use) the Service. YOU MUST BE 18 YEARS OF AGE OR OLDER AND BE ABLE TO FORM A BINDING CONTRACT USE THIS SERVICE IN ANY MANNER.

These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes against Upward.net and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against Upward.net on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.

1. General Service Information

Any use of the Service must comply with the Terms and all applicable laws, rules and regulations. Users who violate these Terms may have their access and use of the Service suspended or terminated in our sole discretion.

By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers; if you do not want to receive email messages, you can opt out or change your email preferences on your account page or by following the opt-out instructions in the email you received at any time. By submitting a job application via the Service, you give us permission to store your information and to share your information with the applicable Employer.

You acknowledge that Upward.net does not have control over the quality, timing, or legality of the information uploaded to the Service by Employers. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Employers. We do not refer or recommend Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.

2. User Accounts

You may control your account information and how you interact with the Service by changing the settings in your account. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. If you create an account, you must be permitted to legally work within your applicable jurisdiction and may use your account only for yourself. In addition to applying for a job posting, creating an account allows you to browse the Service, receive job alerts from the Service regarding jobs that may be of interest to you ("Job Alerts"), save a record of job listings you have found on the Service and save a record of job listings you have applied to one the Service.

You are solely responsible for the activity that occurs on your account and must keep your account password secure. Please use a "strong" password (consisting of a combination of upper and lower case letters, numbers and symbols) with your account and notify us immediately of any breach of security or suspected unauthorized use of your account. We will not be liable for any losses caused by unauthorized use of your account.

3. Prohibited Conduct

In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of the Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

4. License to User Content

You expressly grant, and represent and warrant that you have a right to grant, to Upward.net a royalty-free, sub-licensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, display, and make derivative works of any User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed that you input or upload to the Service. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new features. The foregoing license, and our ability to use, transfer or share any personal information contained within any User Content, shall be subject to our Privacy Policy. This license continues even if you stop using our Service, but some potions of our Service may offer you ways to access and remove content that has been provided to that portion of the Service.

5. End User License Grant

Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sub-licensable, freely revocable, license to use the Service. We reserves all rights not expressly granted herein to the Service and our Content, as defined below. We may terminate this license at any time.

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Upward.net Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Upward.net and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Upward.net Content or materials on the Service for any purpose not expressly permitted by the Terms and are strictly prohibited.

Any feedback, comments, or suggestions you may provide regarding us or the Service are entirely voluntary and we are free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Features

Applications

As a User you are able to submit job applications through the Service for jobs listings on the Service. You have the ability to choose how to submit your Job Application via the Service using the different options offered. For example, you may submit your Job Application through the Service by (A) using the Service's "Apply Now" feature or (B) using the Service's "Instapply" feature. If you use the "Apply Now" feature, you will be required to provide your name, email address and phone number, and attach your resume (and, when you click the "Apply Now" button, this information will then be sent to the Employer that posted the applicable job listing), or the "Apply Now" button will redirect you to an external website where you will be able to apply to the job listing. If you use the "Instapply" feature, the information that you have included as part of your User Profile, including your resume and contact information, will be sent directly to the Employer that posted the applicable job listing.

Please note that once you have submitted an application through any feature of the Service, your resume and other applicable information will be shared with the applicable Employer. You should therefore ensure that the information in your User Profile is complete and accurate, and contains information you are comfortable sharing with Employers, prior to submitting a job application through the Service.

If you upload a resume, you agree that we may convert the resume into searchable text for an Employer.

Resume Database

You also have the opportunity to include your resume as part of our resume database (the "Resume Database") at the time you register to use the Service. If you do not include your resume in the Resume Database at the time you sign up with the Service, as a registered User you may later include your resume through your profile page. Submitting your resume enables registered Employers to access and view your resume and the contact information you provide on your resume, allowing Employers to contact you directly. Please provide minimal personally identifiable information about yourself.

You can opt-out of including your resume in the Resume Database at any time by adjusting the settings in your account and we will remove your resume from the Resume Database as soon as reasonably practicable; you may elect not to have specific Employers be able to view you resume. However, if an Employer has accessed your resume through the Resume Database and copied or saved your resume prior to your opt-out request, that Employer will continue to have access to your resume and all information you included in your resume.

Interactions with Third Parties

Use caution with regard to the information you share as part of your User Profile, a job application or on a resume you make available through the Service. Only list contact information on your resume or job applications that you are comfortable disclosing. You are solely responsible for your interactions with Employers that you contact, or that contact you, as a result of your use of the Service. There are risks, including the risk of physical harm that may arise when dealing with strangers, including persons who may be acting under false pretenses. Although we request Employers maintain the confidentiality of the job applications and resumes, we do not guarantee that the information you provide to Employers through the Service will be held in confidence or properly secured by each applicable Employer.

Upward.net has no responsibility and assumes no liability for any job listing posted or sent through the Service. You agree that Upward.net is not responsible or liable for the conduct of any Employer or other third party service which you may link to from the Service. You understand that Employers and other third parties are not employees or agents of Upward.net, nor are we an agent of theirs. The terms of your relationship with any Employer or other third party service, including terms, conditions, or representations associated with such dealings, are solely between you and such third party. Should you have a dispute with any such party, you must address the dispute directly with them.

7. Privacy

By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States in accordance with the conditions specified in our Privacy Policy.

8. Security

Although the integrity and security of your personal information is important to us. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. DMCA Notice and Trademark Infringement

Upward.net respects the intellectual property rights of others and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe something on this website has infringed your intellectual property rights, please provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner;
  2. Identification of the work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Service;
  4. Information reasonably sufficient allow us to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the owner or are authorized to act on behalf of the owner.

The above information must be submitted to the DMCA Agent at the following:

Attn: Legal Department
Email: legal@upward.net
Address: Upward.net LLC, 548 Market St., Suite 30363, San Francisco, CA 94104-5401

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

10. Third-Party Links and Services

The Service contains links to third-party websites, advertisers, services, or other events or activities that are not owned, operated or controlled by Upward.net. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You explicitly release Upward.net from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. We will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. Indemnity

You agree to defend, indemnify and hold harmless Upward.net LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any section of the Terms, including, without limitation, any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damage that arises as a result of User Content submitted via your account; or (vi) any other party's access to and use of the Service via your User Account. We shall provide notice to you promptly of any such claim, suit or proceeding.

12. Disclaimer of Warranty

TO THE FULLEST EXTENT POSSIBLE BY LAW, UPWARD.NET DOES NOT WARRANT THAT ANY SITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, UPWARD.NET IS NOT RESPONSIBLE FOR THOSE COSTS. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, UPWARD.NET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. UPWARD.NET MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY AN EMPLOYER OR THIRD PARTY THROUGH THE OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND AN EMPLOYER OR THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES./p>

13. Disclaimer of Consequential Damages

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL UPWARD.NET, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPWARD.NET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPWARD.NET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL UPWARD.NET BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPWARD.NET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL UPWARD.NET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UPWARD.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable United States local and federal laws, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

15. Arbitration Agreement and Opt-Out

Unless you opt-out pursuant to the opt-out procedures set forth herein, you agree that any and all disputes or claims that have arisen or may arise between you and Upward.net or its affiliates, whether relating to the Service, these Terms (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with this Arbitration Agreement. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Upward.net. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Upward.net may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Restrictions

You and Upward.net agree that any arbitration shall be limited to the Dispute between Upward.net and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

You and Upward.net agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

16. 30 Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to our contact information listed at the bottom of this Agreement. The notice must be sent within thirty (30) days of your registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

17. Governing Law and Location

You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Upward.net, either specific or general, in jurisdictions other than California, which is where the Service is controlled and operated from. This Agreement and any Disputes shall be governed by the laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and Upward.net related to this Agreement shall be located in San Francisco County, California.

18. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Upward.net, without restriction.

19. Relationship of the Parties

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

20. Notifications

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Upward.net is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

You can manually sign up to receive job alerts by email, browser notification and/or SMS. In addition to a manual sign up, if you apply to Job Advertisements on an Upward website and/or create and account, you also consent to receiving email and/or SMS job alerts based on the type of role you selected. You can sign up for job alerts via SMS in several ways, including by signing up here or entering your cellphone number in the Alerts section of your User Account. You can edit or change the type of job alerts you want to receive by accessing the Job Alerts tab in your User Account. You may opt out of job alerts by clicking on the unsubscribe link in your job alert email or by following the instructions in your SMS alert. You can also contact our Customer Service team at support@upward.net, if you need assistance.

By signing up for SMS alerts you agree to receive SMS notifications from our participating carriers. You may receive up to 3 messages per day (message frequency may vary per user). Reply STOP to cancel, HELP for help to our code 45370. Message and data rates may apply.

T-Mobile is not liable for delayed or undelivered messages.

21. Entire Agreement/Severability/No Waiver

This Agreement, together with any amendments and any additional agreements you may enter into with Upward.net in connection with the Service, shall constitute the entire agreement between you and Upward.net concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

22. Contact

If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at support@upward.net.