I. Acceptance of the Terms of service
A. Welcome to the website of Grades4Life (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively referred to as “Terms of Service”), govern your access to and use of www.grades4life.com, including any content, functionality and services offered on or through www.grades4life.com (the “Website”), whether as a guest or a registered user.
II. Changes to the Terms
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
III. Account Eligibility Requirements
A. Before using the Website please note the following:
1. This Website is offered and available ONLY to students who are at least eighteen (18) years of age or to students who are younger than eighteen (18) with their parent’s permission and associated parent account.
2. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements.
3. If you do not meet all of these requirements, you must not use the Website.
IV. Account Rules
You are only allowed to have one account on our Website for your personal use. It is your responsibility to ensure that all information on your account is accurate and up-to-date and we shall not be held liable for any incidents arising out of, or related to, your account settings. It is your responsibility to safeguard your password, ensure your account security and the use of your account. We will assume that any activity occurring on your account was performed by you and will hold you solely responsible.
V. Account Code of Conduct
All activity on the Website must conform to the rules set out in the Terms of Service. If any activity on the Website violates any of our policies, we may, at our sole discretion, limit your privileges on the Website, temporarily suspend your account or terminate your membership.
The following activities are prohibited on the Website and constitute express violations of these Terms of Service:
1. Falsifying information in connection with your Grades4Life account or creating multiple accounts.
2. Falsifying grades. All grades should accurately reflect the grades received by your teacher/professor and will be verified at our discretion.
3. Submitting any content that violates any applicable laws, including copyright and other Intellectual Property laws.
4. Tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Grades4Life.
5. Reselling or repurposing your account or any purchases made through the Site
6. Circumventing other measures employed to prevent or limit access to the Site or attempting to do the same.
VI. Grade Verification
In order to verify your grades, you will be required to submit a photo or copy of the grades. If we have reason to suspect that the grades are inaccurate, or just as a matter of quality-control, we reserve the right to verify the grades through your school.
VII. Grades4Life Content
A. Any and all content provided by the Company shall be deemed proprietary and is the sole property of Grades4Life. This includes, without limitation, any information, software, designs, files, images or audio content that the Company makes available through the use of its services (“Grades4Life Content”). This also includes the arrangement selection and arrangement of said content.
B. You may not modify, reproduce, republish, frame, download, scrape, display, post or transfer any Grades4Life Content, in whole or in part, without the express permission of the Company.
C. Any violations of the aforementioned terms will result in the automatic termination of your account.
D. For the sole purposes of providing our services, you hereby grant to Grades4Life a non-exclusive, royalty-free, world-wide right and license to: a) reproduce, use, publically display, publically perform, translate, modify and distribute user Contributions; and b) copy and archive User Contributions and User Website for back-up purposes.
E. Grades4Life does not own, control, monitor or exercise control over any User Contributions and is not responsible for any user information on its network or the internet.
VIII. Third Party products and Services
A. Third Party Providers
1. Any thirty party products and services providing by Grades4Life, may be subject to the terms and conditions of the provider, including limitations on special offers and promotions. To ensure that you know the complete terms and restrictions of a third party purchase, please confirm the terms with the specific third party provider with whom you are dealing.
2. We are not liable for the availability, quality or timeliness of any third party goods and services. All third party transactions are conducted at your own risk and we do not warrant the accuracy or completeness of any third party information.
B. Third Party Websites
Grades4Life is not liable for any content accessed through links to third party sites. We do not monitor or investigate third party sites or content and cannot insure that the content is appropriate, accurate or complete. Any access to third party sites will be done at your own risk and our terms and conditions are no longer governing once you leave our domain.
IX. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. "
XII. Governing Law and Jurisdiction
A. All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of [RELEVANT STATE] without giving effect to any choice or conflict of law provision or rule (whether of the State of [RELEVANT STATE] or any other jurisdiction).
B. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of [RELEVANT STATE] and County of [RELEVANT COUNTY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
XIII. Disclaimer of Warranties
A. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
B. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
C. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
D. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
E. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIV. Paragraph Headings
The headings herein are for convenience only and are not part of this Agreement.
XV. Waiver and Severability
A. Any failure (by you or the by the Company) to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
B. Any express waivers or assents (by you or the by the Company) to a default or breach of any condition or term thereof shall not constitute a waiver of such right or provision.
C. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
XVI. Assignment or Successors
This Agreement is non-assignable and non-transferable by you, unless prior written consent is granted by Grades4Life. Any attempts to do so constitute a violation of this Agreement, subject to cancellation. Grades4Life has the right to assign its rights under this Agreement, as well as the right to sub-contract any of its duties. This Agreement is binding on upon all parties to this Agreement and permitted assigns and successors.
XVII. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this contract, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; or (i) shortage of adequate power or transportation facilities.
XVIII. Entire Agreement
The Terms of Service constitute the sole and entire agreement between you and Grades4Life with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.