Terms and Conditions

The following terms and conditions (“Terms of Use” or “Terms”), govern your access to and  use of our websites and mobile applications (“Uphires” or “we” or “our”), owned and operated  by Uphires LLC (“Company“). 

If you are using Uphires on behalf of a company or other legal entity, then “you” also means  such company or legal entity and you agree to be bound by these Terms even if we have a  separate agreement with you. Please read the Terms of Use carefully before you start to use the  Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use  when this option is made available to you, you accept and agree to be bound and abide by these  Terms. If you do not want to agree to these Terms, you must not access or use the Site.  

To access or use Uphires, you must be at least 16 years of age or, if older, the age of majority in  your jurisdiction, otherwise you may not use Uphires. An employer and its authorized agent(s)  are permitted to use the employer’s account and any data about that employer provided via that  account for the employer’s internal business purposes. Except as set forth above, or as otherwise  approved by us, Uphires is for your personal, non-commercial use unless you enter into a  separate agreement with us for your commercial use. You may not use Uphires if we have  terminated your account or banned you.  

Account Registration 

  1. Email Sign Up. In order to create a Uphires account, we require that you provide a valid  email address. The email you use must be one where we can reach you. In the event we  cannot correspond with you via this email address, your submitted content may be rejected  and your account may be disabled. Once you have set up a password, you will be given  access to your profile and other private areas of your account. You are responsible for  maintaining the confidentiality of your password. You agree to notify us immediately if you  suspect any unauthorized use of your account or access to your password. You are solely  responsible for any and all use of your account. Passwords are subject to cancellation or  suspension by Uphires at any time. When you set up an individual user account on Uphires,  we create a member profile (a “Profile”) for you that will include personal information you  provide. We will update your Profile with information we extract from resumes you upload  on Uphires. You may permit us to share information in your Profile with prospective  employers, recruiters, and others. Subject to visibility settings that you control, subscribers to  services we may introduce will be able to view information in your Profile. Because your  anonymity on Uphires is important, your Profile does not include or link to information about  the reviews or salary information you submit to Uphires.
  2. Social Sign Up and Sign In. You may be able to register an account and subsequently access  Uphires through a social networking site, such as Facebook, LinkedIn, etc (“Social  Networking Site”). If you access Uphires through a Social Networking Site you agree that we  may access, make available through Uphires, and store (if applicable) any information, data,  text, messages, tags, and/or other materials that you have provided to and stored and made  accessible in your Social Networking Site account so that it is available on and through  Uphires via your account and your Profile page. Subject to the privacy settings that you have  set with the Social Networking Site account you use to access Uphires, personally  identifiable information that you post to that Social Networking Site may be displayed on  Uphires. Please note: your relationship with your Social Networking Sites is governed solely  by your agreement with those Social Networking Sites and we disclaim any liability for  personally identifiable information that may be provided to us by a Social Networking Site in  violation of the privacy settings that you have set with that Social Networking Site account. 

Use of our Services 

  1. Third-Party Content on Uphires. Content from other users, advertisers, and other third  parties is made available to you through Uphires. “Content” means any work of authorship or  information, including salaries, company reviews, interview reviews, company photos, logos,  employer responses, job ads, employer profile information, advertisements, comments,  opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e mail, data or other materials you find on Uphires. Because we do not control such Content,  you understand and agree that: (1) we are not responsible for, and do not endorse, any such  Content, including advertising and information about third-party products and services, job  ads, or the employer, interview and salary-related information provided by other users; (2)  we make no guarantees about the accuracy, currency, suitability, reliability or quality of the  information in such Content; and (3) we assume no responsibility for unintended,  objectionable, inaccurate, misleading, or unlawful Content made available by users,  advertisers, and third parties.We allow users to post content about employers when they have been employed by the  employer as a full-time, part-time, contractor, freelancer, independent employee, or provide  work that is an integral part of the employer’s value chain. We also allow users to review the  staffing firms that place them in these roles. We consider all workers in these roles as  ’employees’ with regard to Content left on Uphires. While we provide the option for Uphires  reviewers to specify the category of their employment when they leave a review (e.g  contractor, freelancer, etc.), we do not consider this a requirement. We will be providing  ratings to the employers based on the ratings received by the users. It does not violate our  Terms for a worker in any one of these roles to leave a review as an “employee.”
  1. House Rules. You represent and warrant that you will use Uphires solely for lawful purposes  in a manner consistent with these Terms and any and all applicable laws, regulations, or other  legally enforceable obligations (including contractual obligations) you may have towards us  and any third parties. You are solely responsible for any and all Content that is posted  through your account on Uphires (“Your Content”). You agree that by submitting or  authorizing Your Content for use on Uphires, you have reviewed and understood our Terms.  You understand that you may expose yourself to liability if Your Content or other use of  Uphires violates applicable law or any third-party right.You agree that you will not:
  1. Impersonate another person, or his or her email address, or misrepresent your current or  former affiliation with an employer; 
  2. Create user accounts under false or fraudulent pretenses; create or use an account for  anyone other than yourself; or create multiple active user accounts to post multiple  reviews for the same company; 
  3. Post jobs targeting minors, child pornography, human trafficking, illicit drugs, etc. 
  4. Post Content that is hateful, racist, defamatory, libelous, or fraudulent; that you know to  be false or misleading; or that does not reflect your honest opinion and experience; 
  5. Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise  objectionable (as determined by Uphires); 
  6. Promote, endorse or further illegal activities like money laundering, etc; 
  7. Disclose information in violation of any legally enforceable confidentiality, non disclosure or other contractual restrictions or rights of any third party, including any  current or former employers or potential employers; 
  8. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other  intellectual property or proprietary rights of any third-party; 
  9. Post anything pornographic or sexually explicit in nature, or engage in the exploitation of  persons in a sexual or violent manner; 
  10. Solicit personally identifying information from minors;
  11. Except as expressly approved by us, and subject to applicable laws, use Uphires for  commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid  schemes, advertising, affiliate links, and other forms of solicitation; 
  12. Copy, modify or create derivative works of Uphires or any Content (excluding Your  Content) without our express written permission); 
  13. Copy or use the information, Content (excluding Your Content), or data on Uphires in  connection with a competitive service, as determined by Uphires; 
  14. Sell, resell, rent, lease, loan, trade or otherwise monetize access to Uphires or any  Content (excluding Your Content) without our express written permission; 
  15. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of  Uphires; 
  16. Interfere with, disrupt, or create an undue burden on Uphires or the networks or services  connected to Uphires; 
  17. Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or  similar software to Uphires; or Attempt to circumvent any security feature of Uphires; 
  18. Links to Third-Party Websites. Uphires may contain links to third-party websites placed by  us as a service to those interested in this information, or posted by other users. Your use of all  such links to third-party websites is at your own risk. We do not monitor or have any control  over, and make no claim or representation regarding third-party websites. To the extent such  links are provided by us, they are provided only as a convenience, and a link to a third-party  website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such  third-party website. When you leave Uphires, our terms and policies do not govern your use  of third-party websites. 

Uphires does not guarantee the identity of an employer or any individuals working for any  employers, and cautions job seekers when applying to jobs. Uphires does not guarantee the  validity of a job offer and cautions job seekers to verify the validity of a job offer before  taking an adverse action regarding their current employment situations. You are solely  responsible for verifying the accuracy of any employer or job offer. 

Provisions for Employers 

  1. Posting Jobs on Uphires. You may not post any job ad that:
  2. Does not comply with the applicable laws or regulations of the state and country where  the job is to be performed, including laws relating to labor and employment, equal  employment opportunity and employment eligibility requirements, data privacy, data  access and use and intellectual property; 
  3. Contains false information or solicits employees by intentional misrepresentation, such  as, misrepresentation of the terms of employment, the hiring entity, or the identity of the  poster; 
  4. Requires an application fee or up-front or periodic payments; requires recruitments of  others; 
  5. Involves any screening requirement where such screening requirement is not an actual  and legal requirement of the advertised position; 
  6. Contains any logo or brands, or link to website, other than your own or those of any  entity for which you are authorized to submit job ads; 
  7. Contains multiple job openings in a single job ad (unless you’ve purchased a service that  permits this); 
  8. Discriminates against applicants on the basis of gender, race, religion, sexual orientation,  age, disability, or any other ground(s) prohibited by applicable law, in each case as  determined in Company’s reasonable discretion. 
  9. Reviews on Uphires. You may not offer incentives in exchange for company or interview  reviews. You may not trade reviews with other employers. We will remove reviews where we  have evidence that users were compensated to leave reviews. 
  10. Communications with Job Seekers. We may inform a user when you have taken an action  with respect to information, we have shared with you on behalf of that user, such as when  you open the user’s application, view their resume, view their profile on Uphires, and/or  make a decision about their application. When you view, store or receive materials through  your use of Uphires, we may use such materials for data analysis, quality control, or to refine  our platform and services. We may also share with our users our observations based on such  data analysis. For example, we may tell our users which employers are more likely to open  applications submitted to Uphires, which employers are active on Uphires, and how long  certain aspects of the candidate process take on average for a given employer. We may, on  your behalf, send out reminder emails to Job Seekers you wish to interview. Uphires may  also send emails to Job Seekers on your behalf indicating that your job posting is potentially a match for the Job Seeker’s resume. You understand and agree that Uphires may take such  actions.

Provisions for Advertisers 

This provision applies to all advertisers, including employers who purchase job ads or display  ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived  from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user  profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple  advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns  on an aggregate and anonymous basis. You may not, and you may not permit a third-party to,  transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange,  data broker, or other party not acting on behalf of you and your campaigns. You may use  information provided directly to you from users if you provide clear notice to and obtain consent  from those users and comply with all applicable laws and industry guidelines, including those  applicable to data protection. 

Enforcement by Uphires 

  1. Removal of Content. While Uphires has no obligation to do so, Uphires reserves the right to  review and delete any Content (or portion thereof) that we believe, in our sole discretion,  violates these Terms or other applicable policies posted on Uphires. 
  2. Other Enforcement Actions. While we have no obligation to do so, we reserve the right to  investigate and take appropriate action in our sole discretion against you if you violate these  Terms, including without limitation: removing Content (or portions thereof) from Uphires;  suspending your rights to use Uphires; terminating your membership and account; reporting  you to law enforcement, regulatory authorities, or administrative bodies; and taking legal  action against you. 
  3. Defending Our Users. While we have no obligation to do so, we reserve the right, to the  fullest extent permitted by applicable law, to take appropriate action to protect the anonymity  of our users against the enforcement of subpoenas or other information requests that seek a  user’s electronic address or identifying information.

Rights to Your Content 

We do not claim ownership in any Content that you submit or authorize for use to Uphires, but  you grant us the rights to use such Content as set forth below. By submitting or authorizing us to  display any Content on Uphires, you hereby grant to us an unrestricted, irrevocable, perpetual,  non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through  unlimited levels of sub-licenses) to use, copy, perform, display, create derivative works of, adapt  and distribute such Content in any and all media (now known or later developed) throughout the  world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all  of your moral rights applicable to Company’s exercise of the foregoing license. You agree that  this license includes the right for us to provide, promote, and improve Uphires and to make  Content submitted to or through Uphires available to other companies, organizations or  individuals for the syndication, broadcast, distribution, promotion or publication of such Content  on other media and services, subject to our terms and conditions for such Content use. No  compensation will be paid with respect to the Content that you post through Uphires. You should  only submit Content to Uphires that you are comfortable sharing with others under the terms and  conditions of these Terms. 

Rights to Uphires Content 

Uphires contains Content provided by us and our licensors. We and our licensors (including other  users) own and retain all proprietary (including all intellectual property) rights in the Content we  each provide and Uphires owns and retains all property rights in Uphires. If you are a user, we  hereby grant you a limited, revocable, non-sublicensable license under the intellectual property  rights licensable by us to download, view, copy and print Content from Uphires solely for your  personal use in connection with using Uphires. Except as provided in the foregoing, you agree  not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell,  adapt or create derivative works based on Uphires or the Content (excluding Your Content); or  (2) rent, lease, loan, or sell access to Uphires. You are not permitted to use our Content and other  intellectual property without our prior written consent. 

Termination of Account 

Uphires reserves the right to terminate your account or you can request us to close the account.  These Terms remain in effect while you use Uphires and, for registered users, as long as your  account remains open. You may delete your account at any time. We may suspend or terminate  your account or your access to parts of Uphires, for any or no reason, without notice to you. We  will have no liability whatsoever to you for any termination of your account or related deletion of  your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those  provisions granting access to or use of Uphires. For the avoidance of doubt, you agree that these  Terms apply to your use of Uphires and any Content posted on Uphires at any time prior to the  termination or expiration of these Terms.  

Modification or Changes to the Platform or Terms of Use 

We are continually changing and improving the Platform. We reserve the right in our sole  discretion to modify it, to add or remove features or functionalities or contents or to suspend or  terminate any part or the entire Platform with or without notice to you. We may also modify or  amend these Terms or incorporated documents to reflect changes in the law, changes to the  Platform or any other aspect of the relationship between Company and you. You should look at  the Terms regularly. If we make changes to these Terms, or any other document incorporated by  reference here, we will post the changes to the Terms of Use pages of our Platform. If You do not  agree to the Terms, including as changed or modified, we will be sorry to see you go, but your  only recourse is to stop using or accessing Uphires. 

EXCLUSION OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS  AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS” BASIS.  IN PARTICULAR, UPHIRES DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A)  YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF  THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM  ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY  INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING  WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR  OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR  OWN DISCRETION AND RISK AND UPHIRES WILL NOT BE RESPONSIBLE FOR ANY  DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA  THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU  FROM UPHIRES OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY  WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS. 

UPHIRES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS  OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO  THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY 

SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY  UNDERSTANDS AND AGREES THAT UPHIRES PROVIDES THE SERVICES ON “AS IS”  BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR  OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON 

INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER  MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO  BE OBTAINED FROM USE OF THE SERVICES. UPHIRES OR ITS AFFILIATES, AND  EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO  NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY  PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE  CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE  SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE  RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR  REQUIREMENTS. 

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND  OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE  SERVICES. UPHIRES SHALL HAVE NO LIABILITY FOR THE ACCURACY OR  CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS  THEREIN. NOR SHALL UPHIRES OR ITS AFFILIATES AND EACH OF THEIR  DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY  THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED  TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME  STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF  LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL  OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS  MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF UPHIRES SHALL BE  LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

Indemnification 

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective  officers, directors, board members, board advisors, employees, partners, agents successors and  assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees  and costs, made by any third party due to or otherwise arising from your use of Uphires,  including due to or arising from your breach of any provision of these Terms.

General 

These Terms constitute the legal agreement between you and Uphires and govern your use of the  offering, but without prejudice to any additional Terms which may be part of an agreement  specific to the Services you wish to avail of (but excluding any offering which Uphires may  provide to you under a separate written agreement), and completely replace any prior agreements  between you and Uphires in relation to the offering. 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of  these Terms is invalid, then that provision will be removed from the Terms without affecting the  rest of the Terms. The remaining provisions of the Terms will continue to be valid and  enforceable. 

This Agreement constitutes the entire agreement between the parties with respect to the subject  matter hereof and supersedes all previous written or oral agreements between the parties with  respect to such subject matter. Uphires may assign its rights under this Agreement without notice  to you. You agree that any cause of action arising out of or relating to the website must  commence within one (1) year after the cause of action arose. 

You agree that the Terms, and any rights or obligations hereunder, are not assignable,  transferable or sublicensable by you except with Company’s prior written consent but may be  assigned or transferred by us without restriction.