Scale It Up! innovation challenge Terms of Service
1. Basic Terms
You are responsible for your use of the Website and for any consequences thereof. You may use the Website only if you can form a binding contract with Scale It Up and are not a person barred from accessing the Website under the laws of the United States or other applicable jurisdiction. If you are using the Website on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Website and to take any actions on or related to the Website. If you are under 18 years of age you may not use or access the Website for any reason. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, Scale It Up may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Website may include advertisements, which may be targeted to the content or information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website are subject to change. In consideration for Scale It Up granting you access to and use of the Website, you agree that Scale It Up, third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website whether submitted by you or others.
If you send or authorize Scale It Up to send an invitation to a third-party to join the Website, you are expressly representing that the third-party has requested to join the Website and communication extending the invitation was sent in accordance with applicable law.
3. Content on the Website
Please be aware that Scale It Up does not verify the accuracy any information available on the Website. Any use or reliance on any information you obtained through the Website is at your own risk. You understand that by using the Website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Scale It Up be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
4. Scale It Up Rights
All right, title, and interest in and to the Website and any content available on the Website are and will remain the exclusive property of Scale It Up and its licensors. The Website and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Scale It Up reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Scale It Up, or the Website are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Restrictions on Use of The Website
We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, Scale It Up's computer systems, or the technical delivery systems of Scale It Up providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scale It Up (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Scale It Up (NOTE: scraping the Website without the prior consent of Scale It Up is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.
6. Ending These Terms
The Terms will continue to apply until terminated by either you or Scale It Up as follows.
You may end your legal agreement with Scale It Up at any time for any reason by deactivating your accounts and discontinuing your use of the Website. In order to deactivate your account, please contact us at [insert]. Please note that deactivating your account may not relieve you of any obligations you have pursuant to another agreement with Scale It Up.
We may suspend or terminate your accounts or cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Website the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website, except those Sections you would expect to survive termination.
Nothing in this section shall affect Scale It Up's rights to change, limit or stop the provision of the Website without prior notice, as provided above.
7. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of Scale It Up and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Scale It Up Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Website are Available "AS-IS"
Your access to and use of the Website are at your own risk. You understand and agree that the Website are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE Scale It Up ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Scale It Up Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any information on the Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website; (v) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (iv) any advice or information you receive through the Website; and (v) any injuries or harm you or a third party incurs as a result of information or advice received through the Website. No advice or information, whether oral or written, obtained from the Scale It Up Entities or through the Website, will create any warranty not expressly made herein.
The Website may contain links to third-party Website or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Website or resources; or (ii) the content, products, or Website on or available from such Website or resources. Links to such Website or resources do not imply any endorsement by the Scale It Up Entities of such Website or resources or the content, products, or Website available from such Website or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Website or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCALE IT UP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY INDIVIDUAL'S EXPOSURE TO OR INFECTION WITH COVID-19 OR THE CORONAVIRUS; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Scale It Up ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Scale It Up, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE WEBSITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Scale It Up ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Scale It Up Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees and costs, related to all third party claims, charges and investigations related to any activity in which you engage on or through the Website.
8. GENERAL TERMS. Waiver and Severability
The failure of Scale It Up to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Minnesota without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Hennepin County, Minnesota, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Scale It Up related to your use of the Website on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
B. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://www.scale-it-up.org/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Website. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: 30 June 2021.
Effective Date: 30 June 2021
The Scale It Up Site is not intended for children under the age of 18 and Scale It Up does not knowingly collect any information from children under 18 years old through the Site. If the parent or guardian of a child under 18 believes that the child has provided us with any information, the parent or guardian of that child should contact us if they want this information deleted from our files. If Scale It Up obtains knowledge from any source that it has information about a child under 18 in retrievable form in its files, we will delete that information from our existing files.
What Information does Scale It Up Collect and How is it Used?
Scale It Up will only collect Personal Information that you voluntarily provide to us or our service providers. If you use the Site to register to participate in the Scale It Up innovation challenge or Contact Us to ask us a question we may collect your full name, e-mail address, telephone number, company name, job title, country of residence and the particulars of your question or comment. You may also voluntarily provide Personal Information when you choose to engage in the following activities:
If you're visiting the Site on your mobile device, you may also choose to provide us with location data. You can still use the Site if you do not grant us permission to access your location data, however, you may not be able to use all the features of the Site.
If you use the Site to participate in the Scale It Up innovation challenge, you may provide us with information about your company or your pitch ("Pitch Information"). Please see our Challenge Rules located here for more information about how we use your Pitch Information.
Like most website operators, Scale It Up collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request when visitors visit the Site. Scale It Up's purpose in collecting non-personally identifying information is to better understand how Scale It Up's visitors use the Services. From time to time, Scale It Up may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Services. Scale It Up also collects potentially personally-identifying information like Internet Protocol (IP) addresses and may collect statistics about the behavior of visitors to the Services. For instance, Scale It Up may monitor the Services to help identify spam. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
In addition to log data, we may also collect information about the device you're using to access the Services, including the type of device, the operating system, device settings, device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you're using and its settings. To learn more about the information your device makes available to us, please review the policies of your device manufacturer or software provider.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase the Services' functionality. These third-party service providers have their own privacy policies addressing how they use such information.
How we use your information
We use the information we collect to provide you full access and functionality of the Services. Accordingly, your information may be used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer the challenge and your use of our services and accounts; (iii) to enable users to enjoy and easily navigate the Services; (iv) to better understand your needs and interests; (v) to fulfill requests or to respond to questions or comments you may make; (vi) to personalize your experience; (vii) to provide you with announcements, notifications and advertisements related to your interests and use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging; (viii) to provide service announcements; (ix) to protect against users seeking to hack into the Services; (x) to assess the level of general interest in the Services and (xi) for any other purpose with your consent.
With Whom Do We Share Your Information?
Other Ways We May Share your Personal Information
We may disclose non-personally identifiable aggregated information about our users without restriction.
Other than to its employees, contractors and affiliated organizations or as described above, we disclose personally-identifying only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Scale It Up, third parties or the public at large. If you send us a request (for example via chat, a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Scale It Up or substantially all of its assets were acquired, or in the unlikely event that Scale It Up goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Scale It Up may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, we will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
We may also disclose your personally-identifying information if you expressly consent to the disclosure.
We are committed to protecting your Personal Information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.
We Do Not Sell Your Personal Information
Scale It Up does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to "opt-out" of the selling or renting of personal information because we do not engage in those practices.
Our Data Retention Criteria
Cookies are text files containing small amounts of information which are downloaded to your hard disk or to your browser's memory when you visit one of our Sites. Cookies are useful because they help arrange the content and layout of our Sites and allow us to recognize those computers or other devices that have been to our Sites before. Cookies do many different jobs, such as allowing our Sites to remember your preference settings and helping us to enhance the usability and performance of our Sites and your experience using them. Our Sites also may contain electronic images known as web beacons – sometimes called single-pixel gifs – that allow us to count the number of users who have visited specific pages. We may also include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. The type of cookie or similar technology that may be used on our Sites can be categorized as follows: Strictly Necessary, Performance, Functionality & Profile and Advertising.
Setting your cookie preference
You can usually modify your browser settings to decline cookies and you can withdraw your consent at any time by modifying the settings of your browser to reject or disable cookies or by opting out of specific cookies through the opt-out options shared below. If you choose to decline cookies altogether, you may not be able to fully experience the features of the Sites that you visit.
Our use of web analytics
We use different analytic tools which serve the purpose of measuring, analyzing and optimizing our marketing measures and provide you with customized advertisements that could be of particular interest to you. In particular, we use the following tools:
Your Rights and Responsibilities
You are permitted, and hereby agree, to only provide personal information to Scale It Up if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation.
You may have certain rights under applicable data protection law with respect to personal information about you that is collected through the Sites or when you contact or otherwise engage with us. To exercise any of these data privacy rights, please contact us, or have your authorized agent contact us, in accordance with the "Contact Us" section listed below. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree, under penalty of perjury, that you are (or the authorized agent of) the consumer whose personal information is the subject of the request. We will respond to any data requests within the timeframes required by law, and we may charge a fee to facilitate your request where permitted by law.
Marketing. You have the right to opt-out of receiving electronic direct marketing communications from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.
California Privacy Rights. California Civil Code Section § 1798.83 permits users of the Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Pursuant to the California Consumer Privacy Act of 2018, as amended ("CCPA"), California residents may have certain data privacy rights, such as the right to be notified about what personal information categories are collected about you, and our intended use and purpose for collecting your personal information. You have the right to request access to your personal information and, to the extent feasible, request that it be transmitted in certain forms and formats. You may have the right to request that we (and any applicable service provider) delete your personal information. You have the right not to be subject to discrimination for asserting your rights under the CCPA. If you make, or an authorized agent on your behalf makes, any request related to your personal information, Scale It Up will ascertain your identity to the degree of certainty required under the CCPA before addressing your request. Scale It Up may require you to match at least three pieces of personal information we have previously collected from you before granting you access or otherwise responding to your request.
Do Not Track. Some web browsers may transmit "do-not-track" signals to the Sites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
European Union (EU) Privacy Disclaimer
Scale It Up processes personal information in accordance with the legal bases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data on individuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for Scale It Up's legitimate interests as set out herein; and (3) processing is necessary for the performance of a contract to which you are a party. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below.
Nevada Privacy Disclaimer
Pursuant to Nevada law, a Nevada "consumer" (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an "operator" directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, Scale It Up does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.
Links to Third-Party Websites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Persons with Disabilities
When registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
We collect information from you when you register on our site or enter information on our site.
We may use the information we collect from you when you register, or use certain other site features in the following ways:
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. In addition, all personal information you supply is encrypted via Secure Socket Layer (SSL) technology.
Understand and save user's preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
We do not include or offer third-party products or services on our web application.
You can change your personal data:
We are using external partners to gather data for quality control and improvements.
We do not share any Personally Identifiable Information with those partners.
The partners are:
Last Edited on 2020-12-02