GradeExpress Accounts
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Terms of Agreement
Term of Service. 1. ACCEPTANCE OF TERMS Welcome to GradeEx. (referred in here as GradeEx) GradeEx provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.GradeEx.com/tos.htm. In addition, when using particular GradeEx services, you and GradeEx shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE GradeEx currently provides a course management tools including various communications tools, forums, personalized content and branded programming through its network and properties (the "Service"). You also understand and agree that the service may include certain communications from GradeEx, such as service announcements, administrative messages and any other meaningful messages informing you of our services, and that these communications are considered part of GradeEx membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GradeEx features shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that GradeEx assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GradeEx has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GradeEx has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify GradeEx of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GradeEx cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you have supplied GradeEx with a credit or debit card GradeEx will bill your card on the billing cycle that you have selected. Service charges are billed in advance, regardless of usage. GradeEx will charge a $15 processing fee for all returned checks. GradeEx provides a subscription service, and you are liable for all charges accrued until the date you contact GradeEx to cancel your account. Non-use of service does not constitute cancellation. Cancellation of any account will be effective at the end of the billing period in which notice is given. For your protection, GradeEx only accepts notice by written email to support@GradeEx.com with adequate information about yourself that proves your identity to us. No other method of notification will be accepted. This is to protect customers from individuals with malicious intent. If you are on a trial membership, you agree to notify GradeEx before the end of the trial period if you do not wish to continue service. GradeEx's unlimited access accounts assume reasonable usage. Users exceeding 300 hours may be asked to justify the need for that much connect time and will be advised that their excess usage may put their account in the "dedicated access" category (at a substantially higher rate). Account sharing with persons is not allowed for an individual account. GradeEx may terminate an account at any time for any reason including, but not limited to, your failure to abide by the terms of this agreement or your failure to pay fees or charges when due. All prices are subject to change without notice. 5. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GradeEx are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GradeEx does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will GradeEx be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email or transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another party, hateful or racially, ethnically or otherwise objectionable. b. harm minors in any way. c. make such material available that are under a non-disclosure relationships, infringes any trademarks, trade secret or copyrights. d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. e. upload, post, email, transmit or otherwise make available any material that 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; f. intentionally or unintentionally violate any applicable local, state, national or international law;
g. collect or store personal data about other users. h. abuse GradeEx, its local network, or the Internet in any way. This includes any illegal or inappropriate activities including, but not limited to, unsolicited e-mail (SPAM), hacking, copyright violations, defamation, and distribution or transmission of obscene or indecent speech or materials. Your account may be terminated immediately by GradeEx if any of the above is detected. i. disrupt the normal use of the system, such as "Bots" or other compiled code, is strictly prohibited. Other examples include spawning multiple processes that consume resources, excessive amounts of disk storage, main memory or CPU power. k. GradeEx Login account entitles the account holder to login on only one TCP/IP session per account at a time per account. Bandwidth limitation specified in the rate list should be honored. You are responsible for all activity on your account. GradeEx advises you to keep your password private, and to change it periodically. If you suspect that an unauthorized party is using your account, change your password immediately, then notify our staff. Personal account holders are not permitted to post commercial (for profit) pages on their web sites. You are responsible for anticipating the demand for/popularity of any materials that you make accessible via GradeEx's network. You agree to pay any surcharges (per your account plan) due as a result of excessive usage of disk space and/or bandwidth. You are responsible for ensuring that your call to our network is a local call, if using a modem. You are responsible for any charges levied by telephone companies. Please check with your operator to verify the toll status of a call. GradeEx doesn't pre-screen content but shall reserve the right to refuse posting of any content that is available via this Service. You acknowledge and agree that GradeEx may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GradeEx, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 6. INDEMNITY You agree to indemnify and hold in-school inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 8. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Coursemanage may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GradeEx's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GradeEx has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GradeEx reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GradeEx reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 9. MODIFICATIONS TO SERVICE GradeEx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GradeEx shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 10. TERMINATION You agree that GradeEx, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GradeEx believes that you have violated or acted inconsistently with the letter or spirit of the TOS. GradeEx may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GradeEx may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GradeEx shall not be liable to you or any third-party for any termination of your access to the Service. 11. LINKS The Service may provide links to third party sites or resources. GradeEx has no control over such sites and resources. You acknowledge and agree that Couremanager is not responsible for the availability of such external sites or resources. GradeEx does not endorse and is not resposible or liable for any Content available from such site. You further acknowledge that GradeEx shall not be liable for any damage or loss cause in connection with the reliability of such content through such sites or resources. 12. PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. GradeEx grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GradeEx for use in accessing the Service. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GradeEx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. GradeEx MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (vi) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GradeEx OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT GradeEx SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GradeEx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. GradeEx does not warrant that the SOFTWARE/SERVICE will meet your requirements, that operation of the SOFTWARE/SERVICE will be uninterrupted or error-free, or that the SOFTWARE/ SERVICE will be corrected. GradeEx is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems. GradeEx will have no responsibility to replace or refund the license fee of media damaged by accident, abuse, or misapplication. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GradeEx, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. 15. REMEDY Should the customer experience difficulties using the basic services provided by GradeEx, GradeEx will attempt to diagnose and correct the problem through its regular technical support channels. If the software is determined to be defective or corrupted, GradeEx will provide new software to the customer. If the problem cannot be determined or resolved, GradeEx will refund the unused (prorated) portion of the customer's service fee for the current billing period and, if requested by the customer, cancel the customer's account. 16. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 17. TRADEMARK INFORMATION GradeEx, the GradeEx logo, other GradeEx logos and product and service names are trademarks of in-school Inc. Without in-school's prior permission, you agree not o display or use in any manner.
18. LIMITATION OF REMEDIES REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL GradeEx BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE/SERVICE OR ANY DATA SUPPLIED THEREWITH EVEN IF GradeEx OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO CASE SHALL GradeEx 'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE OR THE CURRENT MONTH'S SERVICE FEES. This agreement supersedes all other agreements or understandings regarding this subject matter, and is governed by the internal laws of the United States of America and the State of California. 19. NOTICE TO PARENTS Parents are advised to exercise caution as the Internet contains some material that may be inappropriate for children.
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