Terms & Conditions
Please read this entire document. Acceptance of the following terms by
clicking "Agreed", asserts that you have read and agree to the following "Terms
& Conditions" and "Privacy Statement". If you do not agree to these terms, do
not click "Agreed" and do not use the website. By using the website, you have
agreed to be bound by the terms and conditions. UpUpUp.com / eValuMe.com, LLC
(the Company) may revise these terms and conditions from time to time. These
Terms and Conditions will appear upon each login and request your acceptance or
denial. Be sure to read the terms and conditions whenever you are prompted to do
so. The term "you", "employee", "Evaluatee", "Evaluator", "Employer", "User"
"Member" used herein the website refer to all individuals or entities accessing
this website or affiliated websites of UpUpUp.com / eValuMe.com, LLC
TERMS OF USE OF WEB SITE
Upon registering and agreeing to the Terms and Conditions and Privacy Statement,
the User, for personal use only, is authorized to view, update and maintain your
profile information, request others to submit employee evaluations, view your
evaluations, leave comments on your evaluations, forward or print your
evaluations at your discretion.
YOU RELEASE YOUR EMPLOYER AND PREVIOUS EMPLOYERS, WHO LEAVE YOU AN EVALUATION,
FROM ANY LIABILITY.
The User requests employers and previous employers to leave employee evaluations
and evaluation scores, the user controls who has access to that information, the
user releases the employer, previous employer, UpUpUp.com / eValuMe.com, LLC
from any liability related to the evaluations.
All contents of this web site, and all subsidiary websites of UpUpUp.com /
eValuMe.com, LLC including text, graphics, images, software, data processes,
buttons, logos, icons, are protected under United States and foreign copyright,
trademark, and patent laws. Some items and graphics are known as public domain
and are royalty free. All content is the property of the Company or property of
content providers under contract with the Company. All content including the
arrangement, the order and assembly of data as well as the data programming
features unique to the management of this specific data related to the
electronic processing of employee evaluations is the exclusive property of the
Company and is protected by United States and international copyright laws.
Unauthorized use or copying in fact or similarity of content form this web site
may violate copyright, trademark, patent, and other laws. You may not alter, or
manipulate, copy, sell, modify, distribute, display, quote any content form the
web site other than distributing or copying in an unaltered state your personal
evaluation, CareerReporttm or Career Score. All copyright, trademark, patent
pending or patent numbers and inscriptions must be retained on all copies made
of web site content. No copy or adaptation of the HTML code of the web site
shall be allowed. Use of the web site for commercial use or in another web site
or in a networked computer is prohibited, without prior written consent from
UpUpUp.com / eValuMe.com, LLC.
UpUpUp.com and eValuMe.com LLC reserve the right to cancel the free membership
promotion, change, activate, deactivate the membership price at any time
without notice.
ACCEPTABLE USE OF WEB SITE
Rules:
Users may not use UpUpUp.com / eValuMe.com, LLC or any other web site owned by
UpUpUp.com / eValuMe.com, LLC for the purpose of distributing or transmitting,
storing or destruction of material, including web site content, that is in
violation of any applicable law or in a manner that will infringe the copyright,
trademark, software, programming, HTML code or any other intellectual property
owned by UpUpUp.com / eValuMe.com, LLC Nor shall any activity that is obscene,
threatening, abusive, defamatory be tolerated on any UpUpUp.com / eValuMe.com,
LLC web site.
Security Rules:
Users are forbidden from violating or trying to violate the security access of
any UpUpUp.com / eValuMe.com, LLC Site, including, but not limited to, (a)
accessing data not meant for that user or logging into a server or account which
the user is not allowed to access, (b) trying to survey, examine or check the
susceptibility of a system or network or to violate security or authentication
procedures without proper permission, (c) trying to hinder service to any user,
host or network, via means including, but not limited to, presenting a virus to
any UpUpUp.com / eValuMe.com, LLC Site, overloading, "flooding," "spamming," "mailbombing"
or "crashing," or (d) fabricating any TCP/IP packet header or any part of the
header information in any e-mail. Any breach of system or network security may
result in civil or criminal charges. The Company will investigate incidents
which may involve such breaches and may include, and collaborate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
Specific Prohibited Uses
UpUpUp.com / eValuMe.com, LLC Sites may only be used for legitimate objectives
by persons seeking evaluations from their current or previous employers. The
Company specifically prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
Posting any partial, fictitious or erroneous biographical information or
information which is not one's own truthful evaluation and evaluation score.
Requesting an evaluation from a company that does not exist and/or for which one
did not work and posing as that company to respond with an evaluation is
forbidden and will result in expulsion from UpUpUp.com / eValuMe.com, LLC .
Fraud reported is investigated and if fraud is found, the member will be
expelled from UpUpUp.com / eValuMe.com, LLC.
Posting any franchise, pyramid scheme, "club membership", distributorship or
sales representative agency arrangement or other business opportunity that
requires recruitment of other members, sub-distributors or sub-agents.
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending
unsolicited faxes regarding promotions and/or advertising of products or
services to a user of an UpUpUp.com / eValuMe.com, LLC Site
Deleting or revising any material left as an evaluation by any other person or
entity.
Using any device, software or practice to obstruct or attempt to obstruct the
proper working of any UpUpUp.com / eValuMe.com, LLC Site or any activity being
conducted on this site.
Taking any action which imposes an excessive or disproportionately large load on
any UpUpUp.com / eValuMe.com, LLC Site's infrastructure
Divulging or sharing your password with any third parties or using your password
for any unauthorized purpose if you have a password allowing access to a
non-public area of any UpUpUp.com / eValuMe.com, LLC Web Site.
Notwithstanding anything to the contrary contained herein, utilizing or trying
to utilize any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search any UpUpUp.com / eValuMe.com, LLC Site other than
the search engine and search agents available from the Company on such
UpUpUp.com / eValuMe.com, LLC Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Trying to decode, decompile, deconstruct, breach or reverse engineer any of the
software comprising or in any way making up a part of any UpUpUp.com /
eValuMe.com, LLC Site.
Amassing, copying or duplicating in any way any of the Web Site Content or
information available from any UpUpUp.com / eValuMe.com, LLC Site.
Framing of or linking to any of the Web Site Content or information available
from any UpUpUp.com / eValuMe.com, LLC Site.
User Information
When You register for the Web Site, You will be asked to provide the Company
with certain information including, but not limited to, a valid email address
(your "Information"). In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, You understand and agree that the
Company may anonymously disclose certain collected information contained in your
registration application to third parties for statistic purposes. The Company
will not release your name, address, e-mail address or telephone number to any
third party without your prior consent, except to the extent required or
appropriate to comply with applicable laws or in legal proceedings where such
information is pertinent. The Company reserves the right to offer third party
services and products to You.
User Submissions
As a user, You are responsible for your own communications and the consequences
of gathering them, storing them and sharing them. You must not, and by using any
UpUpUp.com / eValuMe.com, LLC Site You agree not to, do the following things:
post material that is copyrighted, unless You are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless You own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is obscene,
slanderous, threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post material that is off-topic on
topic-specific message boards; post a sexually explicit image or statement; post
advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, destructively interfere with,
underhandedly intercept or expropriate any system, data or information.
The Company does not represent or ensure the truthfulness, accuracy, or
dependability of communications, evaluations, evaluation score or feedback
posted by users or employers or sanction any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
The Company operates as a third party agent for the online distribution and
publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening or
monitoring material posted by users. If communications which purportedly do not
measure up to these Terms and Conditions are brought to the attention of the
Company by a user, the Company may investigate the claim and determine in good
faith and at its sole discretion whether to remove or request the removal of the
communication. The Company has no liability or responsibility to users for
performance or nonperformance of such actions. The Company has no obligation to
perform within any given time period. The Company reserves the right to expel
users and prohibit their access to the Web Site for violating the Terms and
Conditions or the law and the right to remove communications which are abusive,
illegal, or disruptive. The Company may take any action in regards to
user-submitted information that it deems necessary or appropriate in its sole
discretion if it believes it may create problems for the Company or may cause
the Company to lose (in whole or in part) the services of its ISPs or other
providers. The Company has no obligation to state reasons for doing so or make
or participate in a forum to negotiate expulsion.
By submitting information to any public or non-public area of any UpUpUp.com /
eValuMe.com, LLC Site, You grant the Company and its associate the loyalty-free,
continual, binding, sublicense able (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, duplicate, change, alter,
distribute, translate, create by-products from, give out, communicate to the
public, execute and display the content (in whole or in part) worldwide and/or
to include it in other creation in any form, media, or technology now known or
later developed, for the full period of any rights that may exist in such
content. You also affirm that the holder of any rights, including moral rights
in such content, has entirely and in fact relinquished all such rights and
genuinely and irreversibly given You the right to permit the license stated
above. By submitting information to any public area You also permit, authorize
any subscriber to access, present, view, save and reproduce such content for
personal use. Subject to the abovementioned, the owner of such content placed on
the Web Site maintains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are unrelated to the
evaluation or are otherwise misleading contained in an evaluation posting are
prohibited.
We appreciate hearing from our customers and welcome your comments regarding our
services and the UpUpUp.com / eValuMe.com, LLC Sites. Please be advised,
however, that our policy does not allow us to accept or take into account
creative ideas, propositions, inventions or resources other than those which we
have specifically requested. While we do regard your opinions about our
services, please be precise in your remarks regarding our services and do not
present creative ideas, inventions, proposals, or resources. If, in spite of our
request, You send us creative proposals, ideas, sketches, notions, inventions,
or other data (collectively the "Submission"), the Submission shall become the
property of the Company. None of the Submission shall be subject to any
responsibility of confidence on the Company's part and the Company shall not be
legally responsible for any use or disclosure of any Submission. The Company
shall exclusively own all now known or later discovered rights to the Submission
and shall be warranted to unlimited use of the Submission for any purpose
whatsoever, commercial or otherwise, without payment to You or any other
individual who submitted the Submission.
Registration and Password
You are solely responsible for preserving the confidentiality of your
information and password. You shall be liable for all uses of your registration,
whether such uses were authorized by You or not. You agree to immediately advise
the Company of any unauthorized use of your registration or password.
Identification of Agent To Receive Notification And Elements Of Notification
Of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, published or copied
to this Web Site and is available on this Web Site in a way that constitutes any
copyright violation, please advise us immediately by providing our designated
copyright representative with the following information:
-
The physical or electronic signature of either the copyright
owner or of a person authorized to act on the owner's behalf;
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A description of the copyrighted work You claim has been
violated, and an account of the asserted violating action
-
Identification of the URL or other specific location on this
web site where the alleged violating material or activity is located or is
taking place; You are required to include adequate information to allow us to
locate the material or the activity;
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Your name, address, telephone number and, if You have one, your
e-mail address;
-
A statement by You that You have a good faith belief that use
on the web site of the copyrighted work in the manner You are complaining of is
not approved of by the copyright owner, any representative of the copyright
owner, or the law; and
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A statement by You, made under penalty of perjury, that the
data You have provided in your notice is correct and that You are either the
copyright owner or are authorized to act on behalf of the copyright owner.
We have designated J. D. Fowler as our representative to receive notices of
claims of copyright violations on our web site. You can contact Mr. Fowler as
follows:
Policy Regarding Termination Of Users And Account Holders Who Continually
Violate The Copyright Or Other Intellectual Property Rights Of Others
UpUpUp.com / eValuMe.com, LLC, and all of our associated companies respect the
intellectual property of others, and we expect our users, account holders and
content affiliates to do the same. The unlawful reproduction, replication,
sharing, alteration, public presentation or public performance of copyrighted
works amounts to violation of the copyright owners rights. As a condition to
your use of this Web Site, You agree not to use the Web Site or any other
UpUpUp.com / eValuMe.com, LLC Site to violate the intellectual property rights
of others by any means. We will terminate the accounts of any account holders,
and bar access to our Web Site and/or the other UpUpUp.com / eValuMe.com, LLC
Sites of any users, who are repeat violators of the copyrights, or other
intellectual property rights, of others. We reserve the right to take these
measures at any time, at our sole discretion, with or without notification, and
without any legal responsibility to the account holder who is terminated or to
the user whose access is barred.
The Company's Legal Responsibility
UpUpUp.com / eValuMe.com, LLC is only a venue. This Web Site acts as a venue for
employees to request and store evaluations and evaluation scores and does not
monitor or edit the information offered. The Company is not involved in the
actual transaction between employees and employers. As a result, the Company has
no control over the quality, security or validity of the evaluations or
evaluation scores posted the truth or accuracy of the information. In addition,
the user is aware that there are risks, including but not limited to the risk of
physical danger, of dealing with strangers, foreign nationals, underage persons
or people acting under false pretenses. You assume all risks related to dealing
with other users with whom You interact through the Web Site and/or the other
UpUpUp.com / eValuMe.com, LLC Sites.
Because user authentication on the Internet is difficult, the Company cannot and
does not verify that each user is who they profess to be. Because we are not and
cannot be involved in user-to-user transactions or control the actions of
participants on any UpUpUp.com / eValuMe.com, LLC Site, in the event that You
have a disagreement with one or more users, You release the Company (and our
agents, representatives and employees) from claims, demands and damages (actual
and resultant, explicit and implicit) of every type and quality, recognized and
unrecognized, suspected and unsuspected, revealed and concealed, evolving from
or in any way associated with such disputes. If You are a California resident,
You waive California Civil Code d1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
We are under no legal duty to, and normally do not, manage the information made
available by other users through the Web Site and/or the other UpUpUp.com /
eValuMe.com, LLC Sites. By its very nature, other people's information may be
offensive, injurious or incorrect, and in some cases will be mislabeled or
misleadingly marked.
We expect that You will use prudence and common sense when using this Web Site
and/or the other UpUpUp.com / eValuMe.com, LLC Sites.
The Web Site Content may include mistakes or typographical errors. The Company
makes no guarantees about the accuracy, reliability, completeness, or timeliness
of any UpUpUp.com / eValuMe.com, LLC Site or the Web Site Content. The use of
UpUpUp.com / eValuMe.com, LLC Sites and the Web Site Content is at your own
risk. Changes are occasionally made to UpUpUp.com / eValuMe.com, LLC Sites and
may be made at any time without prior notice.
You recognize and agree that You are exclusively responsible for the form,
substance and truthfulness of any evaluation and evaluation score or material
contained therein that you post on the UpUpUp.com / eValuMe.com, LLC Sites.
Employees are exclusively responsible for the postings of evaluations and
evaluation scores by employers on UpUpUp.com / eValuMe.com, LLC Sites, and
releases all others from liability.
The Company is not to be regarded as an employer in connection to your use of
any UpUpUp.com / eValuMe.com, LLC Site and the Company shall not be responsible
for any employment decisions, no matter the reason, made by any entity posting
evaluations on any UpUpUp.com / eValuMe.com, LLC Site.
THE COMPANY DOES NOT GUARANTEE THAT ANY UPUPUP.COM / EVALUME.COM, LLC SITE WILL
FUNCTION ERROR-FREE OR THAT ANY UPUPUP.COM / EVALUME.COM, LLC SITE AND/OR ITS
SERVER ARE VOID OF COMPUTER VIRUSES OR OTHER HARMFUL DEVICES. IF YOUR USE OF ANY
UPUPUP.COM / EVALUME.COM, LLC SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED
FOR REPAIRING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT LIABLE FOR
THOSE COSTS. THE UPUPUP.COM / EVALUME.COM, LLC SITES AND WEB SITE CONTENT ARE
OFFERED ON AN "AS IS" BASIS WITHOUT ANY GUARANTEES OF ANY KIND. THE COMPANY
DENIES ALL WARRANTIES, WHETHER STATED OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, SUITABILITY FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE
FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO GUARANTEES ABOUT THE
ACCURACY, TRUSTWORTHINESS, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON ANY UPUPUP.COM / EVALUME.COM, LLC SITE BE RESPONSIBLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND RESULTANT
DAMAGES, LOST EARNINGS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) CAUSED BY THE UTILIZATION OR INABILITY TO UTILIZE ANY UPUPUP.COM /
EVALUME.COM, LLC SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
INFORMED OF THE PROSPECT OF SUCH DAMAGES.
Links to Other Sites
The Web Site and certain other UpUpUp.com / eValuMe.com, LLC Sites contain links
to third party web sites. These links are provided only as a convenience to You
and not as an approval by the Company of the matter on such third-party Web
sites. The Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy of
materials on such third party Web sites. If You choose to access linked third
party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms
of Use. You also agree not to make any unauthorized commercial use of any
UpUpUp.com / eValuMe.com, LLC Site.
LIMITATION OF LIABILITY
UPUPUP.COM / EVALUME.COM, LLC 'S MAXIMUM LIABILITY ARISING OUT OF OR IN
CONNECTION WITH ANY UPUPUP.COM / EVALUME.COM, LLC SITE OR YOUR USE OF THE WEB
SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,
BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE MEMBERSHIP FEE PAID
BY THE MEMBER DURING THE FISCAL YEAR OF THE CAUSE.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to removal of your postings from this
Web Site and the other UpUpUp.com / eValuMe.com, LLC Sites and immediate
termination of your registration with or ability to use this Web Site and the
other UpUpUp.com / eValuMe.com, LLC Sites and/or any other service provided to
You by the Company, upon Your violation of any of these Terms and Conditions or
if the Company is unable to confirm or substantiate any information You submit
to the Web Site or other UpUpUp.com / eValuMe.com, LLC Site registration.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees, representatives and agents, from and against any
accusations, measures or demands, including but not limited to, reasonable legal
and accounting fees, contending or resulting from (i) any information You
provide to an UpUpUp.com / eValuMe.com, LLC Site, (ii) any Web Site Content that
You use or (iii) your violation of the provisions of these Terms and Conditions
or (iv) as a result of any evaluation or evaluation score you receive. The
Company shall notify You without delay of any such allegation, suit, or
proceeding and shall aid You, at your expense, in defending any such allegation,
suit or proceeding.
General
The Company makes no assertions that the Web Site Content may be legally viewed
or accessed outside of the United States. Certain individuals or persons in
certain countries may not be able to lawfully access the Web Site. If You access
the Web Site from outside of the United States, You do so at your own risk and
are responsible for observance of the laws of your jurisdiction. These Terms and
conditions are regulated by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this agreement shall lie solely with the state or
federal courts within Orange County, California. If any stipulation of these
Terms and Conditions is found to be null by any court having capable
jurisdiction, the invalidity of such stipulation shall not affect the legality
of the remaining stipulations of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any term of these Terms and Conditions
shall be considered an additional or ongoing waiver of such term or any other
term. Except as expressly provided in additional terms of use for areas of the
Web Site, a particular "Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions comprise the complete agreement
between You and the Company in regards to the use of Web Site. No changes to
these Terms and Conditions shall be made except by an amendment posted on this
page.
Additional Terms of Use
Certain areas of this Web Site and the other UpUpUp.com / eValuMe.com, LLC Sites
are subject to additional terms of use. By using such areas, or any part
thereof, You agree to be bound by the additional terms of use applicable to such
areas.
