Last updated June 2016.
We collect your information in order to record and support your participation in the activities you select. If you subscribe to a product or service, the information is used to verify credit cards and to maintain your customer history.
The personal information that you provide is protected in several ways. We will use commercially reasonable methods to keep personal information securely in our files and systems that only selected Company personnel may access via password. We will use secure Internet connections, including SSL encryption, to help protect financial data. Your access to your personal information is available through the login credentials selected by you.
We do not share any information with third parties except as described above or as required by law, or to enforce compliance without various policies to protect our service, the Site, our customers, or others.
Cookies and log files
General information is information that is not personal information and is not associated with personal information. We may convert personal information into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to the Company and that the Company has the right to use such general information as it determines in its sole discretion.
1. General terms
The Graide Network provides this Site to users seeking grading services (“Teachers”) and to users seeking to provide grading services (“Graiders”), and to any other entity on whose behalf users accept these Terms. The term "you" or "You" or “User” or “Users” shall refer to Teachers, Graiders or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between The Graide Network and you, and you accept them by: (a) submitting for grading assignments through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The Site offers a platform for those seeking grading services to connect with those seeking to provide grading services. As independent teaching assistants working for Teachers for experience and in some cases credit toward their education program requirements, Graiders have full responsibility and flexibility for arranging assignments with teachers.
Teachers are responsible for selecting the right Graider for their needs. In making selection decisions, Teachers should review and investigate each Graider’s self-reported credentials, education, and experience, as well as reviews from other Teachers.
The Graide Network controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. The Graide Network services may not be available in your location, and available services may vary among locations. In addition, The Graide Network will attempt to deliver all correspondence sent via the Site's messaging system. The Graide Network does not, however, guarantee delivery of all messages.
3. Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to The Graide Network, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to The Graide Network or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. The Graide Network reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that The Graide Network, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
· Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
· Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
· Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
· Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
· Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
· Take any action that would undermine any aspect of the Site;
· Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
· Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
· Impersonate another person or allow any other person or entity to use your user name, password or membership;
· Post the same content repeatedly or spam - spamming is strictly prohibited;
· Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
· Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
· Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
· Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you understand and agree that The Graide Network may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that The Graide Network may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize The Graide Network to verify the above representations and warranties by you and you acknowledge and agree that The Graide Network shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that The Graide Network may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree The Graide Network does not conduct background checks of any User. You also understand and agree The Graide Network neither confirms nor denies the validity of information provided by Users and that The Graide Network does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
The Graide Network expressly disclaims, and you expressly release The Graide Network from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
The Graide Network reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to The Graide Network in its sole discretion. Alleged improprieties by any User may be reported to The Graide Network by email at email@example.com.
4. Third party reports
The Graide Network may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). The Graide Network does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. The Graide Network does not independently verify information in the consumer reports.
You hereby consent to The Graide Network collecting, using and disclosing the information in the consumer reports. You understand and agree that The Graide Network may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that The Graide Network shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. The Graide Network reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in The Graide Network's sole discretion.
5. Confidentiality of The Graide Network information
You may obtain direct access via the Site to certain confidential information of The Graide Network and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with The Graide Network and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from The Graide Network, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to The Graide Network adequate to afford The Graide Network the opportunity to object to the disclosure.
6. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that The Graide Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Graide Network will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7. Data Storage
Your data may be deleted after your account is closed and you do not login for 90 days. It is your responsibility to keep your own archival records (such as printouts or exported data files). If your data exceeds storage limitations you may be asked to delete some of it, or the Company may delete some of it with advance notice.
8. Intellectual property rights
Except as expressly authorized by The Graide Network or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software The Graide Network discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"The Graide Network Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations The Graide Network uses in connection with its products and services. You may not remove or alter any The Graide Network Trademarks, or co-brand your own products or material with The Graide Network Trademarks, without The Graide Network's prior written consent. You acknowledge The Graide Network's rights in The Graide Network Trademarks and agree that any use of The Graide Network Trademarks by you shall inure to The Graide Network's sole benefit. You agree not to incorporate any The Graide Network Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by The Graide Network on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
9. Termination and suspension
The Graide Network reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
10. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. THE GRAIDE NETWORK DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GRAIDE NETWORK MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
THE GRAIDE NETWORK MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM GRAIDERS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
11. Limitation of liability
THE SITE OFFERS A PLATFORM FOR THOSE SEEKING GRADING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE GRADING SERVICES. YOU UNDERSTAND AND AGREE THAT THE GRAIDE NETWORK HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT THE GRAIDE NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT THE GRAIDE NETWORK IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, THE GRAIDE NETWORK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
THE GRAIDE NETWORK IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION. YOU UNDERSTAND AND AGREE THAT THE GRAIDE NETWORK HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT THE GRAIDE NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT THE GRAIDE NETWORK IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, THE GRAIDE NETWORK EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES THE GRAIDE NETWORK FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, THE GRAIDE NETWORK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF THE GRAIDE NETWORK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE GRAIDE NETWORK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO THE GRAIDE NETWORK OR A THE GRAIDE NETWORK PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
12. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with online interactions with other Users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by The Graide Network. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. The Graide Network may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to The Graide Network for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, The Graide Network will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if The Graide Network seeks such an injunction.
16. Notices; modification and termination of services; amendment of terms
17. Governing law
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of Illinois.
18. Entire agreement
These Terms constitute the entire agreement between you and The Graide Network relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use The Graide Network or third-party products or services.
For Additional Information
If you have any questions about the rights and restrictions above, please contact us by email at firstname.lastname@example.org
Copyright © 2016 The Graide Network, LLC. All Rights Reserved.