Terms of Use

NotchUp Inc. (or “NotchUp”) provides this website, NotchUp.com and all
services associated with the website ( the “Site”). By using or
logging onto the Site, or, by using any of the content on the Site (the
NotchUp Content”), the user (“User” or “You”) agrees to the following
terms (“Terms”) and conditions (“Conditions”) of the following
agreement (the “Agreement”).

1. You must be 18 years of age or older, or the age of majority as
that is defined in your jurisdiction, whichever is older, to visit or
use NotchUp.com in any manner. By visiting NotchUp.com or accepting
these Terms, You represent and warrant to NotchUp that You have reached
the age of majority in your jurisdiction, and that You have the right,
authority and capacity to agree to and abide by these Terms. You also
represent and warrant to NotchUp that You will use NotchUp.com in a
manner consistent with any and all applicable laws and regulations.

2. NotchUp Inc reserves the following rights 1) To change the terms
and conditions of this document. It is therefore recommended that you
visit this page periodically. Your use of the website after such
changes constitutes your acceptance of the changes. 2) To change the
access rules for the site. 3) To restrict/change any user from
accessing the site. 4) To change the site in any way. 5) To delete any
resumes, job listings or any other postings from the site.

3. You agree to not access the unauthorized areas of the website. You
also agree not to probe the website infrastructure for vulnerabilities
to breach the security of the web site. You also agree not to send any
unsolicited emails including but not limited to commercials,
promotions. You also agree not to overload, hack or crash the server or
any other web site infrastructure. Any such security violation will
result in civil or criminal liability.

4. You are also prohibited from violating or attempting to violate the
security of any NotchUp Site, including without limitation, the
following activities: (a) accessing data not intended for such User or
logging into a server or account which the User is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with service
to any User, host or network, including, without limitation, via means
of submitting a virus to any NotchUp Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result
in civil and/or criminal liability. NotchUp will investigate
occurrences, which may involve such violations, and cooperate with law
enforcement authorities in prosecuting Users who are involved in such
violations

5. NotchUp Inc does not guarantee that your use of the website will
be error-free, uninterrupted, safe from viruses or other harmful
elements or that it is secure. Any opinions or ideas expressed on this
site by visitors, employees of NotchUp Inc, or any other person does
not create any warranty. The information posted on this site is not
guaranteed to be accurate. NotchUp Inc. may screen the resumes posted
on the Site but NotchUp is not responsible for the accuracy of the
content. If any posted material violates this agreement or is
inaccurate, and if any user brings it to our notice, we will
investigate it in good faith. If we do find a reason in such notices,
we may remove such material or request the user to remove such material
from the site. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

6. Because your authentication on the Internet is difficult, NotchUp
cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on any NotchUp Site, in the event
that You have a dispute with one or more user, You release NotchUp (and
our agents and employees) from claims, demands and damages (actual and
consequential and direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.

7. NotchUp serves as a platform for recruiters and/or employers to post
job openings and for professionals, or any type of job seekers to
pursue those listings. We are not actually involved in the transaction
between the two parties. Since we do not have control over either
party, we cannot guarantee the accuracy of the resumes posted or the
job listings. There are other risks involved in using this website
besides this. By using this website you assume all those risks. Since
we do not guarantee the accuracy of the postings, resume, job listings
and everything else, your use of the material is at your own risk.

8. NotchUp cannot guarantee and does not promise any specific results
from use of the site. No advice or information, whether oral or
written, obtained by a User from NotchUp shall create any warranty not
expressly stated herein

9. NotchUp reserves the right to offer third party services and
products to You based on the preferences that You identify in your
registration and at any time thereafter; such offers may be made by
NotchUp or by third parties.

10. Without limiting any of the other disclaimers of warranty set
forth in these Terms, NotchUp does not provide or make any
representation as to the quality or nature of any of the third party
products or services purchased through NotchUp.com or any other NotchUp
Site, or any other representation, warranty or guaranty. Any such
undertaking, representation, warranty or guaranty would be furnished
solely by the provider of such third party products or services, under
the terms agreed to by the provider.

You agree not to sell or modify the NotchUp Content or reproduce,
display, publicly perform, distribute, or otherwise use the NotchUp
Content in any way for any public or commercial purpose, in connection
with products or services that are not those of NotchUp.com, in any
other manner that is likely to cause confusion among consumers, that
disparages or discredits NotchUp or its licensors, that dilutes the
strength of NotchUp's or its licensor’s property, or that otherwise
infringes NotchUp's or its licensor’s intellectual property rights. You
further agree to in no other way misuse NotchUp Content that appears on
this Site. The use of the NotchUp Content on any other Web site or in a
networked computer environment for any purpose is prohibited. Any code
that NotchUp creates to generate or display any NotchUp Content or the
pages making up any NotchUp Site is also protected by NotchUp's
copyright and you may not copy or adapt such code.

11. You may not sell, transfer or assign any products or services or
your rights to any products or services provided by NotchUp to any
third party without the express written authorization of NotchUp. You
agree that you are solely responsible for the content of any Document
you post to the Site and any consequences arising from such posting.
NotchUp reserves the right to suspend or terminate your access and use
at any time if NotchUp determines that you are in breach of any of
these Terms and Conditions.

12. You agree not to sell or modify the NotchUp Content or reproduce,
display, publicly perform, distribute, or otherwise use the NotchUp
Content in any way for any public or commercial purpose, in connection
with products or services that are not those of NotchUp.com, in any
other manner that is likely to cause confusion among consumers, that
disparages or discredits NotchUp or its licensors, that dilutes the
strength of NotchUp's or its licensor’s property, or that otherwise
infringes NotchUp's or its licensor’s intellectual property rights. You
further agree to in no other way misuse NotchUp Content that appears on
this Site. The use of the NotchUp Content on any other Web site or in a
networked computer environment for any purpose is prohibited. Any code
that NotchUp creates to generate or display any NotchUp Content or the
pages making up any NotchUp Site is also protected by NotchUp's
copyright and you may not copy or adapt such code.

13. The entire site, including graphics and software is the property of
NotchUp Inc. All materials on this site are copyrighted material of
NotchUp Inc. Usage of such material for any other purposes than the one
authorized above is a violation. You may not use any NotchUp Site in
order to transmit, post, distribute, store or destroy material,
including without limitation, NotchUp Content, (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening,
abusive or hateful.

14. Our policy is to respect the intellectual property rights of work
by others. Pursuant to 17 United States Code §512(c) (2) (the Digital
Millennium Copyright Act of 1998, as amended), our designated agent for
notice of alleged copyright infringement is:

Customer Service
NotchUp, Inc.
555 Bryant St.
#718
Palo Alto, CA 94301

To file a notice of infringement, you need to fulfill the requirements
of the Digital Millennium Copyright Act of 1998. In order to ensure a
safe and effective experience for all of our customers, NotchUp
reserves the right to limit the amount of data (including resume views)
that may be accessed by You in any given time period. These limits may
be amended in NotchUp’s sole discretion from time to time.

15. You may post material on the site if it adheres to the following
rules: 1) You may not post any obscene, abusive, hateful, defamatory,
harmful, threatening messages on this site. You are not allowed to post
sexually explicit material on this site. 2) You may not post any
copyrighted material on this site unless you have the permission or
right to do so. 3) You may not post any marketing mailings,
advertisement or any such schemes on this site. 4) You are not allowed
to impersonate someone on this site. 5) You are not allowed to post any
material that contain viruses or any other harmful programs, software
routines on this site, whose intention to damage, interfere or
expropriate any data. You are not allowed to use any bots on this site.
6) You may not upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as
shopping) that are designated for such purpose. 7) You may not upload,
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment. 8) You
may not disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges. 9) You may not interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service. 10) You may not intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law. 11) You may not provide material
support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act. 12) You may not "stalk" or otherwise harass another;
and/or, 13) You may not collect or store personal data about other
Users in connection with the prohibited conduct and activities set
forth above.

16. You agree to sign up for no more than one account. Attempting to
sign up for more than one account or providing inaccurate information
when signing up for an account may result in the termination of Your
account. You agree not to post any inaccurate biographical information
or information that is not your own resume. You also agree not to
respond to any job opening for any other reason other than applying for
that job. You also agree not to share your passwords with anyone else.

17. NotchUp is not to be considered to be an employer with respect to
your use of any NotchUp Site and NotchUp shall not be responsible for
any employment decisions, for whatever reason, made by any entity
posting jobs on any NotchUp Site.

18. You understand and acknowledge that you have no ownership rights
in your NotchUp account (“NotchUp Account”), and that if you cancel
your NotchUp Account, all your account information from NotchUp,
including resumes, profiles, cover letters, network contacts, saved
jobs, questionnaires and email mailing lists, will be marked as deleted
in NotchUp's databases and will be removed from any public area of the
NotchUp Sites. Information may continue to be available for some period
of time because of delays in propagating such deletion through
NotchUp’s web servers. In addition, third parties may retain cached
copies of your Information.

19. Your email and other data that you submit as part of the resume
will be made available to our recruiters and employers. NotchUp.com
doesn't have any control over how that data would be used. If you don't
want any such data to be displayed your only remedy is not to post any
resume.

20. If You are using NotchUp to seek employees and work for a company
(the “Company”), You may open an account on behalf of the Company (the
“Company Account”). If the Company interviews an individual after
initiating contact on NotchUp.com, You and/or the Company will be
responsible for paying NotchUp the amount set by the person interviewed
on their NotchUp.com account (the "Interview Fee”) within thirty days
of the initial interview. If for some reason, the Company feels that
the individual interviewed behaved disrespectfully or inappropriately
on the interview, the Company must notify NotchUp within five business
days of such interview. NotchUp will then have the opportunity to
contact that person to investigate and determine the validity of the
complaint. If NotchUp determines that the interview was not legitimate
for some reason, NotchUp, at its sole discretion, may refund the
Interview Fee to the Company.

21. If You are contacted by a Company on NotchUp and appear for an
interview at the request of such Company, the Company will be
responsible for paying Your Interview Fee to You within thirty days of
such interview. You agree to hold NotchUp harmless for any failure by
the Company to pay the Interview Fee. The Interview Fee is the sole
responsibility of the Company. Your sole recourse for non-payment of
the Interview Fee is to contact the Company.

22. After opening an account with NotchUp, You will be able to refer
other people to NotchUp, who will then have the opportunity to open an
account at NotchUp (the “Referred”). If the Referred signs up for an
account and is subsequently interviewed by a Company with a Company
Account and that Company does not dispute the legitimacy of that
interview within five days after the interview closes, and the interview is
conducted within one year of the initial referral, and the Referred
signs up using the link containing Your name and account information,
and the Interview Fee is paid by the Company, You will be paid ten
percent of the Interview Fee paid by that Company to interview the
Referred. Such payment will be made to You within thirty days after
the Company pays the Interview Fee to NotchUp. If You have registered
for a NotchUp talent scout account, this Section will not apply to You.

23. There may be links to other websites from NotchUp.com. These links
are not an endorsement from NotchUp.com. We are not responsible for the
content of those sites. We do not guarantee anything on such links. If
you choose to access those links you do so at your own risk.

24. You agree to defend, indemnify, and hold harmless NotchUp its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the website or
your breach of the terms of these Terms. NotchUp shall provide notice
to you promptly of any such claim, suit, or proceeding and may, at
NotchUp’s option, assist you, at your expense, in defending any such
claim, suit or proceeding.

25. Neither NotchUp Inc nor its advertisers nor its agents are liable
for any damages for anything arising out of or relating in any way to
the site or the material contained on the site or anything purchased
through the website. If you are dissatisfied with anything then you
should stop using the site. The sole and maximum liability to NotchUp
shall be the total amount paid by you, if any, to access the site.

26. The Privacy Policy (the “Policy”) posted on the Site is
incorporated into this Agreement by this reference. The Policy governs
data collected through NotchUp’s on-line operations only. Please note,
as set forth in the Policy, that NotchUp may collect certain personal
information from You and may contact You periodically in accordance
with the terms of the. In addition, NotchUp reserves the right to
comply, in its sole discretion, with legal requirements, requests from
law enforcement agencies or requests from government entities, even to
the extent that such compliance may require disclosure of certain
information collected from You

27. You agree that NotchUp may, under certain circumstances and
without prior notice, immediately terminate your NotchUp account, any
associated email address, and access to the site. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the terms herein or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the service (or any part
thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you in
connection with the services provided by NotchUp.

28. NotchUp is located in Palo Alto, California. We do not guarantee
that material found in this website will be relevant to You outside the
USA. Access to this site may not be legal outside the USA. If you
choose to access this site from outside the USA you do so at your own
risk and are responsible for the laws governing your jurisdiction.
Jurisdiction for any claims arising under this agreement shall lie in
the state and federal courts in California. In the event that any of
the provisions of this Agreement shall be held by a court of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. Failure of
any party to insist upon strict compliance with any of the terms and
conditions of this Agreement shall not be deemed a waiver or
relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties
hereto, pertaining to the subject matter hereof. Any changes to this
Agreement must be made in writing, signed by an authorized
representative of NotchUp.