Subject to the terms and conditions of this Agreement, We grant You a nonexclusive, nontransferable, nonsublicensable, royalty-free, revocable license to the Site and any data obtained from the website which shall be used solely for internal research and non-commercial purposes (the “Purpose”). If you would like to use the data for other purposes, you must first obtain prior written consent by reaching out to Legal@upstart.com. Notwithstanding the foregoing, Upstart reserves the right to charge a fee for access to the Site with notice. Upon such notice, if you continue to use the Site,You agree to such fees; if You do not agree to the fees, you must cease use of the Site.
Upstart retains all right, title, and interest in Upstart’s data, products, services, and any content created, submitted or used in connection therewith, including improvements to Upstart’s models, code, and systems, or new development of models, code, and systems. No party acquires any intellectual property rights under this agreement except for the limited license expressly granted herein.
The Site and the products and services are provided “as is” and without any representation or warranty, whether express, implied or statutory. Upstart, 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 or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site nor 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 and/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.
You agree that all access and use of the Site and its contents and your use of the products and services on the Site is at your own risk. In no event shall we be held liable for any damages, including direct or 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 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. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 Term remain in full force and effect.
Effective Date: March 22, 2023.