- These terms of service are entered into between you and Upscale-Analytics, (“us” “we” or “our”) for the use of our website in relation to our training tools. By accessing our website (the “Services”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service (“Terms”).
- At any time, we have the right to change these terms. If we do, we will update this page with the revised Terms and update the date above to reflect the most recent modification. You acknowledge that it is your responsibility to read all notices we send you and to frequently check this page for changes to the Terms. Acceptance of these Terms and any changes thereto is implied by your continuing use of the Services. Your sole option is to stop using the Services if you disagree with any changes.
USE OF SERVICES
- You agree that by using our services you have agreed to these Terms and understand your obligations herein and pursuant to the Privacy Policies. You further agree that you are authorized to use our Services and are using them for your sole benefit. We have the right, in our sole discretion, to terminate any transactions or activities where we believe that the activities violate these Terms, Privacy Policies, or any laws. You may or may not be notified of the termination at our discretion.
- Any software, conversations, pictures, sounds, and other materials accessed through or made available through the Services are collectively referred to as “Content.”
All of our content, unless otherwise stated in writing, is owned, controlled, or licensed by us. Content includes all software, photos, problems, answers, and other materials linked to the service and website. Under Israeli copyright laws and/or comparable legislation from other jurisdictions, all content is copyrighted, preventing unlawful usage.
- You acknowledge that we own all content completely and solely. Without restriction or payment to you, we are free to use any and all content for any reason, including commercial or promotional use. You consent to refrain from violating any intellectual property rights by copying, redistributing, publishing, or otherwise using any Content. You hereby represent and warrant that none of the User Content that you submit, post, or otherwise make available through the Services infringes or otherwise violates any third party’s intellectual property rights, including but not limited to copyright, patent, trademark, trade name, trade secrets, or any other personal or proprietary rights.
- Through the Services, you might be able to access or make use of third-party services, goods, material, or information (collectively, “Third Party Materials”). We disclaim any liability that you may incur as a result of your access to or use of any such Third Party Materials, and you recognize entire responsibility for and undertake all risk associated therewith.
- You acknowledge and agree that we: (a) are not responsible for the accessibility or accuracy of such Third Party Materials or the goods or services on or accessible from such Third Party Materials; (b) have no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to or use of such Third Party Materials; and (c) we do not make any guarantees that such Third Party Materials will not be accessible through the Services. No endorsement by us of Third Party Materials or any such Third Party Services is implied by your ability to access or link to such Third Party Materials or Third Party Services (including any SNS). Any information collected by such third party advertising providers are subject to the policies of such providers.
- Registration. For the usage of our services, we might require that you create an account. You have the option to register with us directly or, if that’s not possible, to register with a third-party site like Facebook. You recognize and understand that if you create an account using any third-party services, you will be subject to their terms and privacy policies in conjunction with using our Services. By utilizing the third-party services in relation to registration, you agree to familiarize yourself with any responsibilities under the terms stated.
- In order to use our services, you might need to create an account with us. To the best of your knowledge, you certify that the data you offer is accurate. You must be at least 18 years old or, if required by local law, emancipated. As part of setting up your account, you will need to provide us with certain personal information. You commit to upholding the accuracy of the data. You might not be able to utilize our services if your account is not kept current. Each and every action taken on your account is entirely your responsibility.
- You acknowledge that you will be the only person using your account to access our services. Furthermore, you acknowledge that you won’t permit anyone else to use your account or use it for any services unrelated to your personal property or property over which you have legal authority. You acknowledge that you will only use our services for lawful purposes. In order to verify that the information on the account matches, you consent to providing identification proof as necessary.
- For the purpose of processing any funds as part of our services, we make use of third-party services. We don’t keep track of or save any data on how your financial information is used, not even user names and passwords. Regarding the usage of our services in relation to the security of your banking information, we do not take any duty or guarantee. Despite our best efforts to safeguard your information, you use our services at your own risk and at your own risk liability. Your private information must be protected, and it is your exclusive obligation to make sure you do so.
WARRANTIES AND LIMITATIONS ON LIABILITY
- Usage of the services is at your sole risk. The services are provided “as is” and “as available”. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
- We make no warranty that the services or any products purchased through the services (I) will meet your requirements, (ii) will be uninterrupted, timely, secure or error-free, (iii) or that we will fix any errors. We shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from use of the services or any content obtained from the services. Any materials obtained through use of the services are obtained at your own discretion.
- To the fullest extent permitted by law, we are not responsible or liable for any direct, indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, or profit) arising from or related to your use of the services or any content provided by or through the services.
- The above limitation applies to damages caused by (i) your use or inability to use our services (ii) the cost of procurement of substitute good 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) third party content made available to you through the services or by any other.
- By purchasing membership, you are granted with access to various exercises and their solutions. Providing support for issues such as database installation, working with it, or understanding specific exercise solution, is out of the scope of this membership.
- Regardless of anything to the contrary included herein, in no event may we or any of our managers, investors, employees, agents, advertisers, licensees, suppliers, service providers, or other contractors be liable to you or any third parties for any damages exceeding $300.
Conflict of Terms
- If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
- Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
- Use of this website shall in all respects be governed by the laws of the state Israel, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Israeli courts located in Tel-Aviv, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Upscale-Analytics Cancellation, Refund, and Termination Policy
- Recurring subscription. You can cancel your current subscription, you must cancel it before your renewal date to avoid the next billing.
- After cancellation, your subscription will remain active until the end of the current billing period and you will have continued access to your subscription for the remainder of that period (unless your access is suspended or terminated as set forth below), but you will not receive a refund.
- If you engage in any behavior or activities that Upscale-Analytics determines, in its sole discretion, violates Upscale-Terms Analytics’s of Service or the rights of Upscale-Analytics or is otherwise inappropriate, Upscale-Analytics may refuse you access to all or any portion of the Services or terminate your account with or without prior notice. Without restriction, Upscale-Analytics has the right to refuse you access to the Services or close your account without giving you a refund.
- All Fees paid or accrued in connection with any Services are non-refundable, and Upscale-Analytics will not prorate any Fees paid for a subscription that is terminated before the end of its term.
- For any other billing questions, please contact office@Upscale-Analytics.com.