Upstart Macro Index (UMI) — Terms of use

These terms govern the use of this website (the “Site”) and the Upstart Macro Index (“UMI”). These terms, together with the Upstart Terms of Use (upstart.com/terms) which are incorporated herein by reference (collectively, the “UMI Terms”), are provided on behalf of Upstart Network, Inc. and its affiliates (“Upstart”, “we”, “us”, “our”). In the event of any conflict between these terms and the Upstart Terms of Use, these terms will control with respect to the Site and the UMI. By accessing or using the Site, or downloading any information from it, you signify that you have read, understand and agree to be bound by these UMI Terms. Please read them carefully.

Subject to the terms and conditions of these UMI Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, royalty-free, revocable license to access and use the Site and to use any data obtained from the Site solely for internal research and other non-commercial purposes (the “Purpose”). If you would like to use the data for any other purpose, you must first obtain Upstart’s prior written consent, which Upstart may grant or withhold in its sole discretion; requests may be sent to legal@upstart.com. Notwithstanding the foregoing, Upstart reserves the right to charge a fee for access to the Site upon reasonable advance notice. If you continue to use the Site after the effective date of any such fee, you agree to pay such fees; if you do not agree to the fees, you must cease use of the Site.

Except as expressly permitted by these UMI Terms or with Upstart’s prior written consent, you may not: (a) redistribute, sell, sublicense, publish, or otherwise make available the Site or any data obtained from the Site to any third party; (b) use the Site or any data obtained from the Site to develop, train, or improve any product, service, model, or dataset that competes with Upstart; (c) remove, obscure, or alter any copyright, trademark, or other proprietary notices; (d) misrepresent the data or its source, or modify the data in a manner that is misleading; or (e) use any automated means, including scraping, crawling, or data mining, to access the Site or extract data other than through downloads expressly made available by Upstart. Any permitted citation of the data must attribute it to the “Upstart Macro Index.”

The UMI and all content on the Site are provided for general informational purposes only. They do not constitute, and should not be relied upon as, financial, investment, legal, tax, accounting, or credit advice, an offer or solicitation of credit or any other financial product, or a recommendation of any strategy or transaction. You should not rely on the UMI in making any lending, investment, trading, or other financial decision, and you are solely responsible for any decision made based on the Site or its content.

Upstart retains all right, title, and interest in and to the Site, the UMI, and Upstart’s data, products, and services, including all improvements to and new development of Upstart’s models, code, and systems. No party acquires any intellectual property rights under these UMI Terms except for the limited license expressly granted herein. If you provide Upstart with any feedback or suggestions regarding the Site or the UMI, you grant Upstart a perpetual, irrevocable, worldwide, royalty-free license to use such feedback and suggestions for any purpose without restriction or compensation.

Upstart may modify, suspend, or discontinue the Site or the UMI, in whole or in part, at any time without notice, and may suspend or terminate your access to the Site, or revoke the license granted above, at any time for any or no reason. Upon any termination or revocation, you must immediately cease use of the Site and, upon Upstart’s request, cease use of and delete any data obtained from the Site. Upstart may also modify these UMI Terms from time to time by posting the updated terms on the Site; your continued use of the Site after any update constitutes your acceptance of the modified UMI Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. UPSTART AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH IT, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH IT. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT ALL ACCESS TO AND USE OF THE SITE AND ITS CONTENTS, AND YOUR USE OF THE PRODUCTS AND SERVICES ON THE SITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE, ANY LINKED SITE, ANY USE THEREOF OR INABILITY TO USE BY ANY PARTY, YOUR USE OF THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 

These UMI Terms shall be governed in all respects by the laws of the State of California, without regard to its provisions relating to conflict of laws. Any dispute arising out of or relating to these UMI Terms or the Site that is not subject to an arbitration provision in the Upstart Terms of Use shall be brought exclusively in the state or federal courts located in San Mateo County, California, and you consent to the personal jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the UMI Terms shall not constitute a waiver of such right or provision. If any provision of the UMI Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the UMI Terms remain in full force and effect.