Terms of Use
Updated 11/12/2016
These Terms of Use Agreement ("Agreement") form a legal agreement between you ("User", "You", or "Your") and GradeToday ("we", "our", or "us") governing your use of (i) the GradeToday products, tools, or services developed, operated, or maintained by GradeToday that are accessible via www.GradeToday.com or any other products, tools, or services expressly related to GradeToday, (ii) the content contained therein, including data, product, tool, and other printed or displayed communications, and (iii) any offline components provided by GradeToday for use in connection therewith. Items (i), (ii), (iii), are collectively referred to as the "Service"). The term "User", "You", or "Your" refers to a Member or a Visitor.
By using the Service, or downloading, allowing, or using any materials or data available or accessible through GradeToday's website, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification and all applicable laws and regulations. If you do not agree to abide by these or any terms of this Agreement, please do not use, register, or access the GradeToday Service or website.
GradeToday reserves the right, at our sole discretion, to change, modify, add, or delete portions of the Agreement at any time without further notice. You are responsible for regularly reviewing the Terms of Use and the Privacy Policy.
License
The GradeToday Service is granted to you for your personal and academic use only. The license access and use the Service solely on a server controlled by GradeToday is limited, non-exclusive, non-transferable, and may not be used in connection with any commercial endeavors.
You acknowledge and agree that:
- You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service ("Content") or use the Service to run as part of a service bureau, outsourced, or managed services arrangement;
- You shall not use or launch any automated or manual system or scripts, including but not limited to "robots", "spiders", "offline readers", "crawlers", "scrapers" to access the GradeToday Service. "Scraping" or "harvesting" or otherwise retrieve any data, documents, content, personally identifiable information, such as account names or emails, or other information from the GradeToday Service is strictly prohibited;
- You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Service or Content in any way;
- You shall not modify, translate, alter, adapt, decompile, disassemble, reproduce, distribute, or display, or create derivative works, compilations or collective works based on the Service or the Content;
- You shall not solicit any users of the GradeToday Service with respect to their Member profiles or Content;
- You shall not access the Service to (i) build a competitive product or service, (ii) build or copy a product using similar ideas, features, functions, graphics, or contents of the Service, (iii) monitor GradeToday's Service's availability, performance, or functionality, or (iv) benchmark or attempt to conduct benchmarking for competitive purposes;
Technological Restrictions
The GradeToday Service is granted to you for your personal and academic use only. Appropriate legal action will be taken for any illegal or unauthorized use of the GradeToday Service. GradeToday may be entitled damages for each violation of this Agreement. You acknowledge and agree that:
- You shall not access the Service if you create, sell, resell, distribute, provide, or operate any service, software, or product that may compete with GradeToday's Service, software, or products;
- You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of GradeToday or those of any party;
- You shall not attempt to probe, scan, or test the vulnerability of a system, account, or network of GradeToday;
- You shall not create or use any programs, tags, markers, bots, or other similar computer routines, or sub-routines to automatically access or manipulate the Service;
- You shall not interfere, or attempt to interfere, with the Service or service to any user, host, or network including but not limited to mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that "crack", or make unauthorized changes to the software;
- You shall not knowingly or unknowingly (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or other protected classes, or in violation of third-party privacy rights or terms of use.
Content Conduct
GradeToday reserves the right to reject, refuse to post, or remove any Content at any time without prior notice for any purpose. All comments, feedback, suggestions, ideas, content, and other submissions disclosed, submitted, or offered to GradeToday on or by this website or apps or products (collectively, "Content") shall be and remain GradeToday's property. GradeToday is and shall not be under no obligation to maintain to maintain (i) maintain any Content in confidence; (ii) pay to user any compensation for any Content; (iii) respond to any Content.
By posting Content to any part of the GradeToday Service, you represent and warrant that (i) the Content was posted by you on or through the GradeToday Service or otherwise have the right to grant the license; (ii) the posting of Content on or through the GradeToday Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you.
You understand that by using the GradeToday Service, you may be exposed to Content that is offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GradeToday with respect thereto, and agree to indemnify and hold GradeToday harmless to the fullest extent allowed by law regarding all matters related to your use of the GradeToday Service.
You agree that GradeToday may automatically or periodically monitor and review discussions, chats, recommendations, comments, ratings, reviews, and/or other postings on GradeToday. However, GradeToday is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, bullying, danger, illegality, or inaccuracy contained in any information or content transmitted within our website. The User is solely responsible for the media, files, electronic documents, photos, profiles, questions, answers, comments, ratings, reviews, descriptions, and other content that you create, display, or publish ("post") on or through the GradeToday Service. GradeToday will cooperate with law enforcement or a court order requesting or directing GradeToday to disclose the identity or content of anyone positing any information or material prohibited by this Agreement. GradeToday also reserves the right to disclose such information for any reason GradeToday deems necessary.
Intellectual Property
All right, title, and interest in the Service, products, tools, services, and the website, including technology and trade secrets embodied therein and custom developments created or provided in connection with or related to this Agreement, including all copyrights, trade secrets, brand, trade dress, and other proprietary rights and any derivative works thereof, shall belong solely and exclusively to GradeToday and you shall have no rights whatsoever in any of the foregoing. All content on the GradeToday Service, including but not limited to design, text, graphics, academic data, course materials, documents, messages, ratings, reviews, logos, button icons, images, information, and software (collectively, "GradeToday Works") are the proprietary property of GradeToday with all rights reserved and is protected by copyrights, brand, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under the U.S. copyright laws. (17 U.S.C. Section 101, et. Seq.)
DMCA Policy: GradeToday does not permit copyright infringing activities and infringement of intellectual property rights on any portion of the GradeToday Service and GradeToday will remove any Content from the GradeToday Service if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us at gradetoday@gmail.com and providing us with information provided in 17 U.S.C 512(c)(3) in writing. You acknowledge that if you fail to comply with all of the requirements in 17 U.S.C 512(c)(3), your DMCA notice may not be valid.
Disclaimers
GradeToday makes no warranty that the GradeToday Service will be available, uninterrupted, error-free, secure, timely, accurate, complete, free of harmful components, or reliable. The Service is provided "as is" and "with all faults." You assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components. GradeToday disclaims and makes no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of calculations, data, reports, results, or other information obtained, generated, or otherwise received by you from accessing and/or using the Service or otherwise relating to this Agreement and use of the Service is entirely at your own risk and GradeToday shall have any liability or responsibility therefor.
Limitation of Liability
You expressly understand and agree that GradeToday shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or the inability to use the GradeToday Service or any other matter relating to the GradeToday Service.
Modification to Terms of Use
GradeToday reserves the right to modify the terms of this Agreement at any time, effective upon posting of an updated version of the Term of use to www.GradeToday.com. You are responsible for regularly reviewing the Terms of Use and the Privacy Policy and the continued activation of Membership and use of the website, products, tools, and/or Service, after any such changes have been made constitutes your understanding of, and consent to, such modification and any newly established Terms of Use.
Termination
GradeToday reserves the right to terminate your account or any part thereof or use of the Service and remove and discard any of your information, data and files within the Service for any reason without prior notice. GradeToday may also in its sole discretion and at any time modify or discontinue providing the GradeToday Service, or any part thereof, with or without notice.
Even after the Membership is terminated, this Agreement and our Privacy Policy will remain in effect. In addition, GradeToday may continue to store and use any data or information about you previously provided or collected by GradeToday in accordance with the terms of Privacy Policy.
Customer Communications
GradeToday may ask if you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by changing your account settings online within GradeToday or by contacting gradetoday@gmail.com. Due to the nature of GradeToday being a hosted, online application, GradeToday may need to notify all users of the Service, even if they have opted out, of important announcements regarding the operation of the Service. GradeToday reserves the right to disclose that you are a user of the Service.