Privacy policy

Last updated June 2016.

By accessing or using this Site (the "Site") provided by The Graide Network (the "Company", "we" or "us")  you agree to the terms of this privacy policy ("Privacy Policy"), as described below. If you do not agree to these terms, please do not access or use this Site.

We are committed to protecting your privacy while allowing you to use the Site. You may add, download, delete or modify your personal information at any time. Subject to your permission or as specifically stated in this Privacy Policy, we will not sell, exchange or otherwise share your personal information with third parties. Your personal information is data that can be used to directly identify you.

 

Collection Purpose

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.

 

Security

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.

 

Third parties

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

We use cookies and log files for purposes of statistical analysis and to maintain the trust and security of the Site. If you reject or disable cookies, some features of the Site may not function. In addition to the information you provide voluntarily, all Sites, including ours, can automatically collect IP address and other system information. This information does not identify you personally and you remain completely anonymous unless you have otherwise provided the Company with personal information.

 

General information

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.

 

Amendments

The Company reserves the right to change the Privacy Policy from time to time at its sole discretion with or without notice. Any revisions are effective immediately once posted on the Site. Your continued use of the Site shall indicate your acceptance of the revision. In the event the Company is acquired, merged, or sold in part to another company, your personal information would likely be among the assets transferred. You will be notified in advance of any such change.

 

Contact

If you have any questions about the Privacy Policy, or to report a violation of the Terms of Service, please contact us at hello@thegraidenetwork.com.

 

Terms of use

These Terms of Use ("Terms") govern your use of The Graide Network website, located at www.TheGraideNetwork.com, any mobile applications, and services ("Site") provided by The Graide Network, LLC ("The Graide Network"). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

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.

2. Services

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 represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

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 hello@thegraidenetwork.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

The Graide Network grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by The Graide Network, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. The Graide Network reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from The Graide Network. You may like or follow The Graide Network or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.

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).

YOU AND THE GRAIDE NETWORK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND THE GRAIDE NETWORK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 15.

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.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Graide Network and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by The Graide Network in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these terms of use; (d) disputes with or between other Users; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by The Graide Network in the defense of such claims. The Graide Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of The Graide Network without the written consent of The Graide Network.

14. Arbitration

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.

15. Injunction

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

The Graide Network may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. The Graide Network reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. The Graide Network may also delete, or bar access to or use of, all related information and files. The Graide Network will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. The Graide Network may amend these Terms at any time by posting the amended terms on this Site. Any Revised Terms of Use will be effective immediately after notice is sent to you via The Graide Network internal email system or by such other forms of notice as may be determined by The Graide Network.

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 hello@thegraidenetwork.com

Copyright © 2016 The Graide Network, LLC. All Rights Reserved.