Effective Date: May 22, 2019
These Terms, which govern the provision and use of the Services and the Site are entered into by The Graide Network and each School, Graider, Teacher and Student that uses the Services or visits the Site. Each School, Graider, Teacher and Student accepts the Terms by: (a) submitting for grading through the Site; (b) accepting assignments for grading through the Site; (c) using the Site in any other manner; and/or (d) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site or the Services.
“Documentation” means any user guide, help information and other documentation and information regarding the Services (defined below) that is delivered to any Graider, School or Teacher in electronic or other form.
“Graider” is a person that accepts assignments through the Site to provide grading services to Teachers (defined below) through the Site.
“Personal Information” means any information that The Graide Network collects, receives, or obtains, through a User’s (defined below) use of the Services or any natural person that is its end user that does or can identify that specific individual or by or from which that specific individual may be identified, contacted or located, such as the individual’s name, address, social security number, also including any information that applicable law proscribes as personally identifiable information.
“Platform” means all ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, code, know-how, trade secrets and other technologies, implementations and information that are used by The Graide Network in providing the Services, including any innovations, revisions, enhancements, upgrades or improvements of the foregoing.
“School” is an agency or institution for the education of students, including school districts, that utilize the Services provided through the Site.
“Services” means, all or some of the services described in these Terms, purchased through the Site, described in any order form signed by The Graide Network, the Platform and any associated Documentation. Each component of the Services is referred to as a “Service.” The Services provided to a Graider, Student, Teacher or School will be based upon the description of Services subscribed to or offered to, as the case may be, to a Graider, Student, Teacher or School.
“Student” is a person in attendance at a School for the purpose of learning or studying one or more subjects offered at the School.
“Teacher” is a person that teaches one or more courses at the School and is authorized to use the Services through an existing subscription with The Graide Network.
“User” is one that uses the Site or the Services and can be any of the following, as applicable, the Graider, Student, Teacher, School, or any other visitor to the Site. “Users” collectively refer to the Graider, Student, Teacher, School, and any other visitor to the Site.
2. The Services
The Services, through the Site, include:
(a) Grading of assignments;
(b) A private messaging system for Graiders and Teachers paired with each other on assignments by The Graide Network to communicate with each other;
(c) A system for the transmission of assignments to be graded and assignments that have been graded between the Graider and the Teacher or School; and
(d) Administrative panels for: the monitoring or control of usage of the Services by Graiders, Teachers and Schools; Schools to add or remove Teacher access to the Services; Teachers and Schools to provide feedback on Graiders; the ordering of additional services from The Graide Network; Graiders and Teachers or Schools to interact; and Graiders to interact with The Graide Network.
The Services are offered to Schools on a subscription basis, while Graiders are offered access to the Platform and paid a fee for his/her services. Subscription fees are based upon the number of Teachers and Students that will be using the Services and the number of assignments purchased by or for each Teacher.
As independent teaching assistants, Graiders have full responsibility and flexibility for working on assignments assigned to him/her through Schools. The Schools and the Teachers acknowledge and agree that the Services require Schools and Teachers to be responsible for reviewing the work produced by their Graiders.
The Graide Network controls and operates the Site and the Services from various locations and makes no representation that the Site or the Services are appropriate or available for use in all locations. The 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 regarding the provision of the Services to registered users through the Site's messaging system. The Graide Network does not, however, guarantee delivery of all messages.
3. Levels of Support and Subscription Term
The Graide Network provides the Services through subscription support packages. The levels of support in each support package will be as described on the Site or in a written agreement signed by The Graide Network and each School. The description of the support package subscribed to will determine the scope and nature of the Services, along with the term of the subscription and the School’s fees and payment obligations. Schools may subscribe to additional services at any time pursuant to the terms set forth on the Site or the applicable written agreement, if any, between The Graide Network and the School. Unused Services during a subscription period may not be rolled over to another subscription package or used after the expiration of the subscription period for those Services. Services may not be transferred, in whole or in part, from one Teacher to another Teacher, even if both Teachers teach at the same School, without written permission from The Graide Network.
4. Fees and Payment
The Services are fee based and offered on a subscription basis with a defined subscription term that, unless otherwise specified by The Graide Network, coincides with the academic calendar year and terminates upon the conclusion of the academic calendar year. Subscribing to the Services through the Site may require payment information be provided to The Graide Network. The individual providing the payment information agrees on behalf of him/herself and on behalf of the School to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted written agreement. All fees paid for The Graide Network Services are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. The School is solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the Services and/or any related transactions (except for taxes assessed on The Graide Network’s net income or personal property). All payments to the Graider are subject to any taxes on said payments that The Graide Network is required to withhold. In addition to any fees for the Services subscribed to or payments for services rendered, the Graider and the School are responsible for any charges incidental to using or providing the applicable Services, for example, charges for internet access, data roaming, and other data transmission charges.
The support package subscribed to by the School may provide for a recurring subscription fee that will automatically renew, unless affirmatively terminated by The Graide Network or the School. Termination by the School of a recurring subscription fee must be completed by written notice before the support package renews. Schools must cancel the support package before it renews in order to avoid billing of subscription fees for the renewal term to the credit card on file for the School. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. In order to subscribe to the Services, the School must provide The Graide Network with a valid credit card or other payment method approved by The Graide Network for payment of the applicable subscription fees. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to some or all of the Services. All prices are subject to change upon notice as provided for in these Terms.
All invoices must be paid by the School within thirty (30) days of receipt unless otherwise agreed upon.
In order for Graiders to access the Services and for Schools to subscribe to the Services, Graiders must register to create an account (“Account”) and Schools must provide certain information to register each Teacher for an account under the subscription for the School.
Except as it relates to Schools authorizing Teachers to set up accounts under its subscription to use the Services, Users may not authorize any third party to access or use the Services or the Site on the User’s behalf. Each User is responsible for maintaining the confidentiality of its/his/her user ID and password, and each User is fully responsible for all activities that occur under its/his/her user ID or password. Each User agrees to immediately notify The Graide Network of any unauthorized use of its/his/her user ID or password or any other breach of security. The Graide Network cannot and will not be liable for any loss or damage arising from any unauthorized use of a User’s account.
6. Graider Registration
In addition to the above registration requirements, individuals seeking to become a Graider must apply to become one and may, in The Graide Network’s sole and absolute discretion, undergo a screening process by The Graide Network or a third party service provider of The Graide Network before being eligible to work with Schools or Teachers. The Graide Network, in its sole and absolute discretion, for any or no reason, may reject or revoke acceptance of any application of anyone seeking to become a Graider.
7. 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 Site or requested by The Graide Network ("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; (e) to comply with the Terms; (f) to assume full responsibility for all material you upload, post, or otherwise transmit through your use of the Site or the Services (“Content”) and (g) 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 or through the Site or the Services if you are under the age of 13.
If a User provides any information that is untrue, inaccurate, not current or incomplete, or The Graide Network has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend, terminate or restrict that User’s account and refuse any and all current or future use of the Services (or any portion thereof).
Each User is entirely responsible for all Content that he/she/it uploads, posts, or otherwise transmits through his/her/its use of the Site. Each User agrees not to upload, post or otherwise transmit any 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 Services; (b) includes unauthorized disclosure of Personal Information; (c) violates or infringes anyone's intellectual property rights; (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; (e) violates anyone’s privacy rights; or (f) violates applicable law. 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; however, The Graide Network has no obligation to monitor, edit or remove said Content.
You agree to use the Services and the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Services or 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’s access to the Services or the Site with or without notice. The Graide Network is under no obligation to monitor or regulate inappropriate and/or offensive conduct on the Platform. Conduct that is inappropriate and/or offensive includes without limitation the following:
Conduct that defames, abuses, harasses, harms, stalks, threatens or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publishing, posting, uploading, distributing or disseminating any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Services or 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;
Uploading 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;
Uploading 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;
Taking any action that would undermine any aspect of the Services or the Site;
Attempting to gain unauthorized access to the Services or the Site, other User accounts, or other device, computer system or networks connected to the Services or the Site;
Advertising or offering to sell any goods or services for any commercial purpose through the Services or on the Site that are not appropriate or relevant to the Services or the Site;
Impersonating another person or allowing any other person or entity to use your user name, password or membership;
Posting the same content repeatedly or spam - spamming is strictly prohibited;
Downloading any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Services or the Site;
Accessing, downloading, or copying any information, content and/or materials from the Services or the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Services or the Site; or
Restricting or inhibiting any other user from using and enjoying the Services or the Site.
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 Graider's Eligibility Conditions (defined below); (b) misstatements or misrepresentations made by any User; and (c) the conduct of any User with which you provide access to the Site or that you engage.
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 and absolute discretion. Alleged improprieties by any User may be reported to The Graide Network by email at firstname.lastname@example.org.
8. Graider Representations
If you are a Graider, by using the Services or 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 Services or the Site: (a) you have and will at all times comply with all applicable laws and regulations; (b) you will not cause The Graide Network to violate any applicable law or regulation; (c) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (d) properly transmit Personal Information and any other information regarding a Student or Teacher through the Services, (e) you: (i) have not 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) have not 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) have not been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (f) you are not 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 Services or the Site, you understand and agree that The Graide Network may rely on the above Eligibility Conditions representations and warranties as true and that its reliance on your representations and warranties is material to any agreement it enters into with you. 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 Services and the Site.
If you are a Graider, 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 Services or the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, all Users of the Services understand and agree The Graide Network does not currently conduct background checks of any Graider and has no immediate plans to do so. You also understand and agree that 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 Graiders to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS, IN ACCORDANCE WITH APPLICABLE LAW, REGARDING OTHER USERS/GRAIDERS THAT YOU DEEM APPROPRIATE.
9. Feedback and Reviews
Teachers are responsible for rating and reviewing their Graider(s) after each assignment.
10. 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 of Graiders and applicants to become Graiders ("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.
Graiders hereby consent to The Graide Network collecting, using and disclosing their Personal Information in the consumer reports. You understand and agree that The Graide Network may, in its sole and absolute discretion, review and rely on the information in the consumer reports in deciding whether to approve, reject, suspend or terminate a Graider or to investigate a complaint about a Graider, but that The Graide Network is not obligated to review any consumer reports and 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 Graider, is not accurate, timely or complete. Graiders who are the subject of consumer reports may contact the service provider of the report to dispute the accuracy, timeliness or completeness of such information.
11. Confidentiality of The Graide Network information
You may obtain direct access through your use of the Services 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 to be 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 or through 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 with sufficient advanced notice and opportunity for The Graide Network to object to the disclosure.
12. 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.
13. Data Storage
Your data may be deleted after your subscription expires at the end of each school year or after your account is closed. 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 Graide Network may delete some of it with advance notice.
14. 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 or the Services as provided herein and in accordance with these Terms 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. Further, you may not use the Site or the Services for any purpose competitive with The Graide Network. 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. The Graide Network may revoke without notice to you and for any reason any permissions granted to you related to the Site.
Except as expressly authorized by The Graide Network or by our third party providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site or the Services, any component of the Site or the Services, 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 of 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 of or part of The Graide Network Trademarks into your trademarks, service marks, company names, marketing material, internet addresses, domain names, website, 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 (“The Graide Network Content”) on this Site provided that: (a) the copyright notice pertaining to The Graide Network 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) The Graide Network 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 The Graide Network Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document or upon request by The Graide Network. Upon termination, you must immediately destroy any downloaded and/or printed content belonging to The Graide Network.
You grant The Graide Network a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Site or the Services or otherwise use your Content and/or any suggestions, enhancement requests, recommendations or other feedback you provide.
15. 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 and absolute 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 or the Services, which include without limitation The Graide Network Content, after termination or during suspension.
16. Disclaimer of warranties
USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE AND THE SERVICES, 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 OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES 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 OR THE SERVICES 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 OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
THE GRAIDE NETWORK WORKS ACTIVELY WITH GRAIDERS TO ENSURE THEIR WORK PRODUCT IS OF HIGH QUALITY, BUT WE DO NOT GUARANTEE GRADING QUALITY OR TIMELINESS. IF A SCHOOL OR TEACHER IS NOT SATISFIED WITH A GRAIDER’S WORK, THE SCHOOL OR TEACHER MAY REQUEST A REVISION OR REQUEST A REPLACEMENT GRAIDER AND WILL NOT BE CHARGED FOR THAT ASSIGNMENT. THIS IS THE SCHOOL’S SOLE REMEDY FOR CLAIMS THAT A GRAIDER’S WORK PRODUCT IS DEFICIENT OR UNTIMELY.
17. Student Information
We offer our Services to schools and school districts (collectively, "Schools"). In this context, please be aware that our Services and certain content Schools provide may be subject to the Family Educational Rights and Privacy Act ("FERPA"), the Protection of Pupil Rights Amendment ("PPRA") and other laws or regulations applicable to student information. FERPA is a Federal law that applies to student "education records" (as defined by FERPA in 20 U.S.C. § 1232g(a)(4)(A)). PPRA is a Federal law that applies to the protection of students in surveys, analyses and evaluations (see 20 U.S.C. § 1232h). For a brief summary of FERPA, please visit the following link: Summary of FERPA. For a brief summary of PPRA, please visit the following link: Summary of PPRA
If you are a School using our Services, you hereby represent and warrant that you comply (and will comply) with your responsibilities under FERPA, PPRA and any other laws or regulations applicable to student information in connection with our Services and authorizing The Graide Network to process that student information, which may include Personal Information. Schools further represent and warrant that its notification of FERPA rights is broad enough to notify parents, guardians, and eligible students that entities like The Graide Network can be deemed school officials for the purpose of providing the Services with such responsibilities including, without limitation, receiving consent from, or providing notice to (as applicable), eligible students or parents regarding the maintenance and/or use of such information. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as The Graide Network.
If you are a School using our Services, you are solely responsible for any and all student information submitted and you represent and warrant that you have the right to disclose such information and allow the processing of that information through the Services. To ask questions about our policies with respect to student information, including questions related to the review of, changes to, or deletion of student information, contact us at email@example.com. Notwithstanding the foregoing, you should keep secure copies of student information for your records.
If you are a parent or eligible student, please first contact your School directly regarding student information used in connection with our Services.
18. Limitation of liability
THE SERVICES 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 OR THE BACKGROUND OF ANY GRAIDER. 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 OR UTILIZING THE SERVICES, 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 TO A THE GRAIDE NETWORK PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
19. 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 or the Services, its use, its users 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 mutually agreed upon by you and 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. For the avoidance of doubt, YOU WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. 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 Cooke County, 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.
23. Notices; modification and termination of services; amendment of terms
24. 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.
25. Waiver and Conflict of Laws
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.
26. Relationship; Independent Contractor
Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.
27. Entire agreement
For Additional Information
If you have any questions about the rights and restrictions above, please contact us at:
The Graide Network
c/o The Chicago Literacy Alliance
Attn: Privacy Compliance Officer
641 W. Lake St. Suite 200
Chicago, IL 60661
Effective Date: May 22, 2019