If you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not wish to register an account and become a User, do not click "Create an Account", and do not otherwise access, view, download, or otherwise use any GradLeaders webpage, information or services. By clicking "Create an Account", you also consent to use electronic signatures and acknowledge your click of the "Create an Account" as one.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from GradLeaders or the Services, or are not otherwise prohibited from having a GradLeaders account, (3) are not a competitor of GradLeaders or are not using GradLeaders for reasons that are in competition with GradLeaders; (4) will only maintain one GradLeaders account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of GradLeaders, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use GradLeaders.
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Your use of GradLeaders services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
You are responsible for your use of the Services, for any Content you post or provide via the Services, and for any consequences thereof. You should only provide Content that you are comfortable sharing with others under these Terms. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not permit others to use your account, nor may you transfer it to another party. You may not share any information or Services you access under your account with others, without an express agreement with GradLeaders to allow such. GradLeaders reserves the right to refuse service, terminate accounts, or cancel orders at their sole discretion. You may cancel your account by emailing GradLeaders at firstname.lastname@example.org.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Subscription Services"), you agree to GradLeaders storing your payment card information. You also agree to pay the applicable fees for the Subscription Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that GradLeaders' Subscription Services are subject to this Agreement and any additional terms related to the provision of the Subscription Service.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of GradLeaders and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. GradLeaders reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding GradLeaders, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You own the information you provide GradLeaders under this Agreement, and may request its deletion at any time, unless you have shared information with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant GradLeaders a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to GradLeaders, including, but not limited to, any user generated content, ideas, concepts, techniques or data to GradLeaders, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your GradLeaders profile information accurate and updated.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to GradLeaders through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GradLeaders is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GradLeaders shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GradLeaders may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to GradLeaders all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from GradLeaders under any circumstances.
For purposes of communicating service messages and notices about GradLeaders to you, GradLeaders may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from GradLeaders to an email address associated with your account, even if we have other contact information. You agree that GradLeaders may communicate with you through your GradLeaders account or through other means including email, mobile number, telephone, or delivery services including the postal service about your GradLeaders account or services associated with GradLeaders. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about your GradLeaders account.
GradLeaders may offer services through applications built using GradLeaders' platform ("GradLeaders Applications"). Examples of GradLeaders Applications include its smart phone applications and other interactive plugins distributed on websites across the web. If you use an GradLeaders Application or interact with a website that has deployed a plugin, you agree that information about you and your use of GradLeaders, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing GradLeaders plugins that load in your browser may be communicated to us.
By importing any of your GradLeaders data through the GradLeaders Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your GradLeaders account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing GradLeaders through your mobile access provider. Therefore, you should check with your provider to learn more about whether GradLeaders is available, and any associated costs and permissions, for your specific mobile devices.
By using any downloadable application to enable your use of GradLeaders, you explicitly confirm your acceptance of the terms of the end user license agreement associated with the application provided at download or installation, as may be updated from time to time.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed at the bottom of this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access GradLeaders, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GradLeaders or its Users) to view information and use GradLeaders provided on GradLeaders webpages in accordance with this Agreement. Any other use of GradLeaders contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from GradLeaders commercially unless expressly authorized by GradLeaders) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GradLeaders and all related items, including any and all copies made of the GradLeaders website.
Information you share may be viewed and used by other Users, and GradLeaders cannot guarantee that other Users will not use the information that you share on GradLeaders. Therefore, if you have information that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by sharing it, do not post it on GradLeaders. GRADLEADERS IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
Please note: If you allow a Third Party Site to authenticate to or connect with your GradLeaders account, that application or website can access information on GradLeaders related to you and your connections.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of GradLeaders, our Users or the public.
For as long as GradLeaders continues to offer these services, GradLeaders shall provide and seek to update, improve and expand GradLeaders. As a result, we allow you to access GradLeaders as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue GradLeaders, partially or entirely, or change and modify prices for all or part of GradLeaders for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. GradLeaders further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by GradLeaders to be contrary to this Agreement. For avoidance of doubt, GradLeaders has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using GradLeaders.
You are solely responsible for your interactions with other Users. GradLeaders may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of GradLeaders or otherwise limit your use of GradLeaders. GradLeaders reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if GradLeaders determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Please read this section carefully since it limits the liability of GradLeaders and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "GradLeaders Entities"). SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON GRADLEADERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GRADLEADERS AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRADLEADERS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GRADLEADERS OR ANYTHING RELATED TO GRADLEADERS, YOU MAY CLOSE YOUR GRADLEADERS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 12 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
GRADLEADERS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF GRADLEADERS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GRADLEADERS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GRADLEADERS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GRADLEADERS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.
GRADLEADERS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GRADLEADERS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF GRADLEADERS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
GRADLEADERS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, GRADLEADERS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
None of the GradLeaders Entities shall be individually or cumulatively liable for (a) any damages in excess of the most recent annual fee that you paid for a Subscription Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of GradLeaders, any platform applications or any of the content or other materials on, accessed through or downloaded from GradLeaders. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: (a) apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and (b) not apply to any damage that GradLeaders may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement, and (c) not apply if you have entered into a separate agreement to purchase Subscription Services with a separate Limitation of Liability provision that supersedes this section in relation to those Subscription Services.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the GradLeader Entities for any damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to GradLeaders, and (3) any activity in which you engage on or through GradLeaders.
You may terminate this Agreement, for any or no reason, at any time, with notice to GradLeaders as described below. This notice will be effective upon GradLeaders processing your notice. GradLeaders may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only GradLeaders or the party paying for GradLeaders may terminate your access to any Subscription Services. Termination of your GradLeaders account includes disabling your access to GradLeaders and may also bar you from any future use of GradLeaders.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 9, 4, 11 and 13.
GradLeaders may restrict, suspend or terminate the account of any User who abuses or misuses GradLeaders. Misuse of GradLeaders includes abusing the GradLeaders messaging services; creating multiple or false profiles; using GradLeaders commercially without GradLeaders' authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed below, or any other behavior that GradLeaders, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, GradLeaders has adopted a policy of terminating accounts of Users who, in GradLeaders' sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Ohio regardless of your country of origin or where you access GradLeaders, notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and GradLeaders agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Franklin County, Ohio, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, and you hereby waive any objection as to inconvenient forum. You and GradLeaders agree to submit to the personal jurisdiction of the courts located within Franklin County, Ohio for the purpose of litigating all such claims. Notwithstanding the above, you agree that GradLeaders shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
The failure of Healthy Roster to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
We may notify you via postings on www.GradLeaders.com. You may contact us here, or via mail or courier at:
ATTN: Legal Department
5980 Wilcox Place
Dublin, OH 43016
Additionally, GradLeaders accepts service of process at this address. Any notices that you provide without compliance with this section on notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding GradLeaders and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GradLeaders services, third-party content or third party software.
To the extent not in conflict with law, in no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of GradLeaders, exploitation of any advertising or other materials issued in connection therewith, or exploitation of GradLeaders or any content or other material used or displayed through GradLeaders.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GradLeaders LLC for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
GRADLEADERS USER "DOS" and "DON'TS"
Do undertake the following:
Don't undertake the following:
Refunds must be processed before the access email has been sent. This email will contain system access instructions. GradLeaders cannot refund any sales after this email delivery. Please refer to your receipt for release dates.
To obtain a refund on an order, please send the following information to email@example.com:
GradLeaders will contact you within 2 business days after receipt of your refund request to obtain additional payment information necessary to issue the refund.