Terms of Service
We at Up Advisors LLC dba dogo (“Up Advisors”, “us”, “we”, “ours” and “our”) welcome you to our online website (including all content and functionality available through the www.getdogo.com domain name, the "Site"). We are happy to provide you with access to the Site, related data, our proprietary software, and content and related documentation and information in connection with our current product and services, including our “dogo” product, and any future feature, product and/or service we provide through the Site (collectively the “Services”).
This Agreement is effective as of March 10, 2017.
- SERVICE TERMS AND LIMITATIONS.
- Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement, we hereby grant you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site. The entire contents displayed on the Site (the “Content”) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of us and/or our suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site and/or the Content. Your use of the Services (including the use of the materials that you download in connection with the use of the Site, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by the terms of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and Services, and to block or prevent future access to and use of the Site and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site, or any text or the layout/design of any page or form contained on a page).
- Proprietary Rights. The Content has copyrighted protection as a collective work under the laws of the United States and other copyright laws. We are the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any of our logos or any other proprietary graphics or trademarks without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Up Advisors and/or our content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved. (a) Users. Users may access the Services and Site as (i) a provider (a “Provider”) of information, documents, business product, data and other material and content, including, but not limited to pitch decks, advisor information, company summaries and investment documents and data (collectively the “Provider Data”) to receive feedback, advice, questions, and/or comments (collectively, “Feedback”) from other Users; (ii) as recipients through the Site (a “Recipient”) of Provider Data to provide and supply Providers with Feedback; and/or (iii) as recipients of Provider Data through the Services via email (“Third Party Recipient”) to provide and supply Providers with Feedback. In using the Site and/or Services, a User may be a Provider, Recipient and/or Third Party Recipient and you understand and agree that you will abide by all terms and conditions of this Agreement in your use of the Site and/or Services as a Provider, Recipient and/or Third Party Recipient, as applicable. (b) Accounts. Depending on whether you are using the Services as a Provider, Recipient and/or Third Party Recipient, you may be required to register for an account (an “Account”) through the Site (an “Account Holder”) and/or only provide your email address so that Providers can provide you with their Provider Data. If you are required to register for an Account, you agree to provide us with information such as your name and email address or by allowing us to access your name and other profile information through an existing account you may have on Google (your “Google Account”). You agree to: (1) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”), as applicable, (2) maintain and promptly update your Account to keep it true, accurate, current and complete, and (3) authorize us, or our third party billing service, to charge your credit card for any and all service fees incurred by your use of Services, as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). If you are only required to provide us with an email address, you agree to provide to us with your true, accurate and current email address. If you provide an email address that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof).
- User Representations. (a) General. You represent and warrant that (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under the Agreement; (ii) all information provided by You to us, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card or charge card provided to us, to pay any fees incurred from use of the Services (as applicable); (iv) you shall comply with all terms and conditions of this Agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; (vi) each time you upload Submitted Content (as defined herein) on the Site or through the Service, you own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site; (vii) you will comply with the terms of this Agreement set forth herein; and (viii) you will comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.
- Account Holder. As an Account Holder, you represent and warrant that you will (i) maintain the security of your user identification, password and other confidential information relating to your Account; (ii) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; and (iii) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password.
- Provider. If you are a Provider, you further represent and warrant that (i) all information, content and material contained in your Provider Data is owned by you, or you have a license to use such information, content and material; (ii) your Provider Data and any content and material contained therein does not and will not infringe upon the rights of any third party, including, but not limited to a third party’s intellectual property rights, proprietary rights, and privacy rights; (iii) you understand, acknowledge and agree that (A) Feedback is provided for informational purposes only, (B) use of any Feedback you receive is at your sole discretion, and (C) neither we nor the Recipient and/or Third Party Recipient who provided the Feedback will be responsible or liable to you in any manner for your use of such Feedback.
- Recipient and Third Party Recipient. If you are an Recipient and/or Third Party Recipient, you represent, warrant, understand and agree that (i) any Feedback you provide to a Provider may be used by such Provider in any manner to improve, enhance, or better develop the Provider Data (or such Provider’s product or business) without any compensation to you in any form; (ii) you will maintain the security and confidentiality of the Provider Data and the Provider and will not disclose information about or concerning the Provider Data, your Feedback or the Provider to any third party, unless authorized to do so by the Provider; and (iii) both Up Advisors and the Provider may track the time you view and your navigation through the Provider Data.
- User’s Restrictions. You are not permitted, directly or indirectly, to (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of We and/or the copyright owner; or (b) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part; or (c) remove any proprietary notices or labels on the Content or any Submitted Content.
- Provider Data. From time to time, we may disclose aggregated information and statistics about our Users without restriction so long as such information and statistics do not contain any personal information. You understand and agree that, in addition to our use of Submitted Content as set forth in Section 2, any Submitted Content you post may be used by and disclosed by us in aggregated form. In addition, if you are a Provider in using the Services, when you upload Provider Data to the Site, non-personal information contained in the Provider Data, including, but not limited to, funding stage, amount being raised, and your business industry may be used by us in an aggregated form. As between you and us, you shall retain ownership of all Provider Data. You hereby grant to us a royalty-free, non-exclusive, irrevocable, right and license to access such Provider Data for the purposes of (a) analyzing and improving the Services; (b) selling aggregated non-personal information compiled from your Provider Data to third parties, and/or (c) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, our marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific data that identifies you or your Recipient or Third Party Recipient without your permission. You represent and warrant that you have all rights, licenses, and consents required to license Provider Data to us on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
- Submitted Content. From time to time, we may allow you to access newsgroups, message boards, forums, conferences, and chats on the Site. You are solely responsible for the Provider Data, information, and other content that you upload, publish or display (hereinafter, "post") on the Site (collectively, the “Submitted Content”). You understand the Site, and any public newsgroups, message boards, forums, conferences, and chats on the Site, is available to the public. Therefore, any information you consider confidential should not be posted to the Site. By posting Submitted Content, you agree that we may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Submitted Content posting by you. Your participation in on-line communications, if any and if allowed by us, occurs in real time and is not edited, censored, or otherwise controlled by us. We cannot and do not screen content provided by you to the Site or through the Services. Notwithstanding the foregoing, we reserve the right to monitor content on the Site and to remove content, which we, in its sole discretion, determine to be harmful, offensive, or otherwise in violation of this Agreement or our operating policies for Users.
- User Warranties and Representations. You warrant, represent and agree that you will not contribute any Submitted Content or otherwise use the Site and/or Services in a manner that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) adversely affects or reflects negatively on our goodwill, name or reputation or causes duress, distress or discomfort to we or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site , or from advertising, liking or becoming a supplier to use in connection with the Site ; (e) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (f) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (g) falsely report to an employee or agent of Up Advisors; (h) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content; (i) intercept or attempt to intercept email or other private communications not intended for you; and/or (j) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. You further warrant, represent and agree that You will not (x) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (y) use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (z) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Site. While it is not our intent to discourage you from reporting problems about the Services, nonetheless, we reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached the provisions of this Section 2.2), or for no reason at all.
- License Grant. By posting any Submitted Content on publicly accessible locations on the Site, you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Site , alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You further acknowledge and agree that Your name, likeness, and/or Google Account may be associated your Submitted Content and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name, likeness, and/or Google Account in association with your Submitted Content. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You hereby agree to also grant each User a non-exclusive license to access your Submitted Content through the Site, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site and under this Agreement. You further acknowledge and agree that no compensation will be paid with respect to the use of your comments, as provided herein, that we may remove any comment at any time in our sole discretion. Further, when you post any Submitted Content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Site at any time. If You choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of the Submitted Content.
- General Disclaimer. THE SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
- Informational Purposes Only. Any opinions expressed on the Site, or in Feedback, are the personal opinions of the original author and not of Up Advisors, even though the original author may be employed by us. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by us or any other party. We do not assume any responsibility or liability for any Submitted Content, Feedback, blogs, opinions or other commentary posted on the Site or received by you through the Services, or any third party website linked to the Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
- Disclaimer of Third Party Information. You understand that when using the Site, you may be exposed to Submitted Content, Feedback and third party content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content, Feedback or third party content. You further understand and acknowledge that you may be exposed to Submitted Content, Feedback and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that statements made in Site, Feedback, newsgroups, message boards, email, forums, conferences, chats and/or Submitted Content reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Site, if applicable, are not authorized Up Advisors spokespersons, and their views do not necessarily reflect those of Up Advisors, and we do not endorse any Submitted Content, Feedback, or any opinion, recommendation, or advice expressed therein.
- A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you 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 the law;
- A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at 650-241-4531 email@example.com, Up Advisors, LLC 13337 South St. #269, Cerritos, California 90623.