Career Upside Terms and Conditions
Welcome to Career Upside (“Career Upside,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, coaching services, consulting services, digital resources, training programs, events, communications, and related offerings (collectively, the “Services”).
By accessing or using our Services, scheduling a consultation, enrolling in a program, purchasing a service, submitting an application, or otherwise interacting with Career Upside, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
These Terms are designed specifically for Career Upside and incorporate best practices commonly found in modern coaching and professional services agreements, including provisions relating to user accounts, coaching relationships, payments, intellectual property, limitations of liability, and communications.
1. Who May Use Our Services
You may use our Services only if:
- You are at least 18 years of age;
- You are legally capable of entering into a binding agreement;
- You are not prohibited from using our Services under applicable law.
By using our Services, you represent and warrant that you meet these requirements.
2. Description of Services
Career Upside provides career-related services, including, but not limited to:
- Career coaching
- Executive coaching
- Leadership development
- Career transition guidance
- Resume and LinkedIn optimization
- Interview preparation
- Personal branding support
- Job search strategy
- Workforce and talent consulting
- Professional development programs
- Workshops, webinars, and digital learning resources
Services may be delivered virtually, by telephone, in person, through third-party platforms, or through digital content.
We reserve the right to modify, suspend, or discontinue any Service at any time.
3. No Employment or Outcome Guarantee
Career Upside provides guidance, education, coaching, and consulting.
We do not guarantee:
- Employment
- Interviews
- Job offers
- Promotions
- Salary increases
- Business opportunities
- Career advancement
- Any specific outcome
Career success depends on numerous factors outside our control, including market conditions, employer decisions, individual effort, qualifications, timing, and economic circumstances.
Any examples, testimonials, case studies, or success stories are illustrative only and do not guarantee future results.
4. Coaching Relationship Disclaimer
Career Upside coaches and advisors provide professional coaching and consulting services.
Unless specifically stated in writing:
- We are not acting as attorneys.
- We are not acting as financial advisors.
- We are not acting as licensed therapists, psychologists, psychiatrists, or healthcare providers.
- We do not provide legal, medical, tax, mental health, or financial advice.
You are solely responsible for the decisions you make based on information received through our Services.
5. Accounts, Applications, and Registration
Some Services may require you to:
- Create an account
- Complete an application
- Schedule appointments
- Provide personal information
- Participate in assessments
You agree to provide accurate, complete, and current information and to update that information when necessary.
You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.
We may suspend, restrict, or terminate accounts at our sole discretion.
6. Communications Consent
By submitting your information to Career Upside, you consent to receive communications from us, including:
- Emails
- Phone calls
- Text messages (SMS)
- Appointment reminders
- Program updates
- Administrative notices
- Marketing communications are permitted by law
Message and data rates may apply.
You may unsubscribe from marketing communications at any time. Transactional or service-related communications may continue as necessary to provide Services.
7. CallRail and Communication Technologies
Career Upside uses CallRail and other communication, analytics, and customer relationship management technologies to facilitate business operations.
By contacting Career Upside or providing your contact information, you acknowledge and agree that:
- Calls may be tracked for attribution and marketing analytics.
- Calls may be monitored or recorded where permitted by law.
- Voicemails may be stored and reviewed.
- Call recordings may be used for quality assurance, training, dispute resolution, and operational purposes.
- Information such as phone number, call duration, call source, geographic information, and communication history may be collected and processed.
- Website forms and communications may be associated with call activity for lead attribution and customer service purposes.
If you do not consent to call recording, you should notify the representative at the beginning of the call or discontinue the call.
Additional information regarding our data practices can be found in our Privacy Policy.
8. Payments and Fees
Certain Services require payment.
By purchasing Services, you agree to:
- Pay all applicable fees and taxes;
- Provide accurate payment information;
- Authorize Career Upside and its payment processors to charge your payment method.
All fees are stated in U.S. Dollars unless otherwise indicated.
Pricing may change at any time, but changes will not affect Services already purchased unless otherwise agreed in writing.
9. Refunds and Cancellations
Unless otherwise specified in a written agreement:
- Coaching sessions, consulting services, and digital products are non-refundable.
- Missed appointments may be forfeited.
- Rescheduling requests must comply with the cancellation policy communicated at the time of booking.
- Refund requests may be considered at our sole discretion.
Career Upside reserves the right to cancel, postpone, or reschedule services as necessary.
10. Community Standards and Acceptable Use
You agree not to:
- Violate any law or regulation;
- Harass, threaten, or abuse others;
- Upload malicious software or harmful code;
- Interfere with website functionality;
- Attempt unauthorized access to systems or data;
- Misrepresent your identity or affiliation;
- Use our content to compete with Career Upside;
- Collect information from other users without authorization;
- Engage in fraudulent or deceptive conduct.
Violation of these Terms may result in suspension or termination of access.
11. Intellectual Property Rights
All content provided through the Services, including:
- Coaching frameworks
- Assessments
- Worksheets
- Templates
- Videos
- Written materials
- Training programs
- Graphics
- Logos
- Branding
- Website content
- Software and technology
is owned by Career Upside or its licensors and is protected by intellectual property laws.
You may use materials solely for your personal, non-commercial use.
You may not copy, republish, distribute, sell, license, modify, reverse engineer, or create derivative works without our prior written consent.
12. User Content and Feedback
If you submit testimonials, reviews, feedback, suggestions, comments, or survey responses, you grant Career Upside a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, display, modify, and publish such content for business, operational, educational, and marketing purposes.
You represent that you have the right to provide such content.
13. Third-Party Services
Our Services may rely upon third-party platforms and providers, including but not limited to:
- CallRail
- Zoom
- Google Workspace
- Calendly
- PayPal
- HubSpot CRM and marketing automation platform
- Vidyard
Career Upside is not responsible for the availability, functionality, policies, or practices of third-party providers.
Their own terms and policies may govern your use of those services.
14. Privacy
Our Privacy Policy also governs your use of our Services.
By using our Services, you consent to the collection, use, disclosure, and processing of information as described in that Privacy Policy.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREER UPSIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY
- RELIABILITY
- AVAILABILITY
WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR PRODUCE ANY PARTICULAR RESULT.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREER UPSIDE SHALL NOT BE LIABLE FOR:
- INDIRECT DAMAGES
- INCIDENTAL DAMAGES
- SPECIAL DAMAGES
- CONSEQUENTIAL DAMAGES
- LOST PROFITS
- LOST WAGES
- LOST BUSINESS OPPORTUNITIES
- LOSS OF DATA
ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CAREER UPSIDE FOR THE APPLICABLE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17. Indemnification
You agree to defend, indemnify, and hold harmless Career Upside, its officers, employees, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, expenses, and costs arising from:
- Your use of the Services;
- Your violation of these Terms;
- Your violation of applicable law;
- Your infringement of another party’s rights.
18. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms.
Upon termination:
- Your right to access the Services ceases immediately.
- Payment obligations accrued before termination remain enforceable.
- Applicable provisions of these Terms shall survive termination.
19. Dispute Resolution
Before initiating legal action, both parties agree to attempt to resolve disputes through good-faith discussions.
If a dispute cannot be resolved informally, it shall be resolved through binding arbitration or another legally permitted dispute resolution process in accordance with applicable law.
Each party waives any right to participate in a class action lawsuit or class-wide arbitration proceeding.
20. Governing Law
These Terms shall be governed by and construed under the laws of the State of Georgia, without regard to conflict of law principles.
Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Georgia.
21. Changes to These Terms
Career Upside may revise these Terms from time to time.
Updated versions will be posted on this page with a revised “Last Updated” date.
Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
22. Contact Us
Career Upside
Website: https://career-upside.com/
Phone: 404-219-7056
Questions regarding these Terms may be directed to us using the contact information above.