LearnUp, Inc. (“LearnUp”, “we”, “us”, or “our”) welcomes you. We provide online job and interview training on our website, www.learnup.com, as well as such other websites or mobile applications that we own or operate (“Site(s)”) for potential positions with employers registered on the Site (“Corporate Customers”), in order to enable jobseekers such as you (“you”, “your”, “User(s)”) to prepare for potential interviews with Corporate Customers, while assisting our Corporate Customers in identifying and potentially hiring qualified talent.
TO USE ANY OF THE SITES, YOU MUST BE AT LEAST 13 YEARS OLD AND A LEGAL RESIDENT OF THE UNITED STATES OF AMERICA OR CANADA. IF YOU ARE LESS THAN 13 YEARS OLD OR NOT A RESIDENT OR CITIZEN OF THE UNITED STATES OR CANADA, YOU MAY NOT USE THE SITES. IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THE SITES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (a) email to your email address indicated in your communications with us, (b) posting general notices on the Site, or (c) posting messages that are displayed to you when you log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that, under the terms of the Fair Labor Standards Act, your current or future employer – including any of our Corporate Customers – is not required to compensate you for your access to or use of the Site, including use of any interactive areas of the Site, any training materials, or other Content. You hereby represent and warrant to us and our Corporate Customers that: (a) your use of the Site is outside your regular working hours, (b) your use of the Site is entirely voluntary, (c) the Content you use or access on the Site is not directly related to your current job, and (d) you are not performing other paid work during your use of the Site.
YOU ACKNOWLEDGE AND AGREE THAT LEARNUP, INC., THE SITE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS, USERS, OR CORPORATE CUSTOMERS DO NOT AND CANNOT PROMISE OR GUARANTEE ANY PARTICULAR RESULT, SUCCESS OR REWARD (INCLUDING, BUT NOT LIMITED TO, ANY ACCESS TO OR OFFER OF ANY INTERVIEW OR OTHER SCREENING PROCESS, OFFER OF EMPLOYMENT OR OTHER WORK ARRANGEMENT, OR ACCESS TO OR ACHIEVEMENT OF A PARTICULAR JOB POSITION AVAILABLE WITH US, OUR USERS OR THIRD PARTIES). YOUR USE OF THE SITE IS AT YOUR SOLE RISK AS TO ITS BENEFITS TO YOU OR ANYONE CLAIMING THROUGH YOU. WE DO NOT CLAIM OR SEEK TO RANK ANY OF OUR USERS AND NOTHING CONTAINED IN THIS SITE, ANY MATERIALS OR USER CONTENT IS INTENDED TO OR WILL BE DEEMED TO CREATE ANY ACTUAL OR POTENTIAL EMPLOYMENT OR OTHER RELATIONSHIP BETWEEN US AND/OR ANY OF OUR USERS OR CORPORATE CUSTOMERS WHO ARE POTENTIAL EMPLOYERS AND YOU AND/OR ANY OF OUR USERS WHO ARE JOB-SEEKERS. OTHER THAN OUR MARKS (AS DEFINED BELOW), ALL OTHER COMPANY OR PRODUCT NAMES OR OTHER TRADEMARKS OR SERVICE MARKS (INCLUDING, WITHOUT LIMITATION, THOSE OF ANY POTENTIAL EMPLOYERS LISTED IN THE SITES) BELONG TO THEIR RESPECTIVE HOLDERS, AND WE HAVE NO AFFILIATION TO, AND ARE NOT ASSOCIATED OR SPONSORED BY ANY OF THESE ENTITIES.
To access certain features and services on the Site, you may be required complete the online registration process by providing accurate, current and complete information about yourself (the “Registration Data”). By completing the registration process, you represent that you can form a binding contract with us or, if you are completing the registration process on behalf of an entity, you represent that you are authorized to create a binding agreement on behalf of such entity. Upon our acceptance of your registration form, we may, at our sole discretion, provide you with log-in identification and a unique password to enable you to access your account. You will be solely responsible for the safe custody of your log-in identification and password and to avoid its misuse by any third party. We do not guarantee the continued availability of the Site or your account to you. We reserve the right to deny your registration request or to terminate or suspend your account at any time, with or without any reason. In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification, (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete, (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Prohibited User Content. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any Site any of the following:
Your License Grant to Us. You hereby grant us and our Corporate Customers and affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content you post to the Site, throughout the world in any media.
Your Feedback. You acknowledge and agree that any feedback, ideas, suggestions, or proposals that you provide (“Feedback”) in the form of email or other submissions to us (including, but not limited to, any status or other updates) or otherwise post on or provide via the Site will, to the maximum extent permissible under applicable laws, automatically become our sole property, and you hereby assign to us, exclusively and throughout the world, all rights, title, and interests in such Feedback, all intellectual property rights embodied therein, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sublicensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback. You are not entitled to any acknowledgment, compensation or reimbursement in connection with such Feedback or grant of rights to same. By providing such Feedback, you acknowledge and agree that: (a) your Feedback do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) we will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically become our property without our obligation to you; and (f) we may, but are not obligated to, review or monitor areas on the Site where users may transmit or post Feedback.
Ownership of Content. Except to the extent expressly provided elsewhere on the Site, the Site and all content and other materials on the Site, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software and the selection and arrangement thereof as well as all Content posted on the Site, whether by us or our other Users or Corporate Customers (collectively, the “Materials”) are our property or that of our Corporate Customers, sponsors, other Users or other licensors, and are protected by United States and/or international copyright laws, trademark laws, and other intellectual property laws.
No Deep Linking. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site except for your personal use, unless otherwise specifically authorized by us in writing to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us in writing to do so. The content and software on this Site is our property of or that of our Corporate Customers, sponsors, suppliers, or licensors and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Repeat Infringer Policy. In accordance with the United States Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of our intellectual property rights or those of others (including, but not limited to, our Corporate Customers), whether or not there is any repeat infringement.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Feedback or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
You may file a notification of such infringement with our Designated Agent as set forth below:
C/O Gibson Dunn & Crutcher LLP
|Address of Designated Agent:||
1881 Page Mill Road
Palo Alto, CA 94304-1211
|Email Address of Designated Agent:||firstname.lastname@example.org|
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
For clarity, only DMCA notices should go to our Designated Agent named above; any other feedback, comments, requests for technical support, and other communications should be directed to LearnUp customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use your User Content, you may send a counter-notice containing the following information to our Designated Agent:
If a counter-notice is received by our Designated Agent, LearnUp may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LearnUp’s sole discretion.
We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.
THE SITE, ITS INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE, REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL WE, OUR CORPORATE CUSTOMERS, SPONSORS, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR THE CONTENT) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF LEARNUP AND ITS CORPORATE CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIVE U.S. DOLLARS ($5.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE LEARNUP SITE, LEARNUP, INC, AND ITS CORPORATE CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF ANY OF THE SITES OR THE MATERIALS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Certain Third Party Terms. You agree that, in addition to these Terms and Conditions, your use of Sites that are mobile applications may be subject to the usage rules set forth in Apple App Store’s terms of service and Google Play’s terms of service, if you download Apple App Store or Google Play, respectively, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the App or otherwise access the Services.
Notices; Contacts. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Sites or sending an e-mail to you at the e-mail address that is currently associated with your account if you have one, or as otherwise provided under Section 3 (Communications between LearnUp and you) above. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
Attention: Legal Affairs
c/o Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211
All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described above under the heading “Copyright Complaints”. If you have any questions about these Terms, then please contact us at firstname.lastname@example.org, or at the postal address set forth above.
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