Last Updated: December 20, 2019
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your Agreement with us if you use those Services. If there is conflict between this Agreement and the additional terms, the additional terms will control for that conflict.
By submitting Content to Grade.us, you grant Grade.us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content and any name, username or likeness provided in connection with your Content in all media formats and channels now known or later developed without compensation to you. You also hereby expressly grant Grade.us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, fully paid, and sublicensable license to reproduce, modify, adapt and publish your business name and related trademarks in connection with the operation and promotion of the Website or Services.
Although we have no obligation to screen, edit or monitor Content, we may at any time and for any reason with or without notice in our sole discretion (i) refuse or remove any Content that, in Grade.us’s sole discretion, violates any Grade.us policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website and Services to any individual or entity for any reason or no reason. Grade.us has no obligation to provide a refund of any amounts owed or previously paid.
Monthly subscriptions will be billed and are due on the first calendar day of every month. Any changes made to the account during the month (subscription, seats, any other add-ons) will be deducted in accordance with this Agreement or as otherwise agreed to in writing from the card on file immediately.
Yearly subscriptions will be billed on each anniversary or as otherwise agreed to in writing. Any changes made to the account during the year (subscription, seats, any other add-ons) will be deducted in accordance with this Agreement or as otherwise agreed to in writing from the card on file immediately as an annual charge.
All white-label dashboards are charged at time of setup will be billed on each subsequent anniversary or as otherwise agreed to in writing. Any changes made to the root domain/subdomain of a white-label dashboard will require a completely new dashboard setup and charged in full accordingly.
The renewal charge will be equal to the then-current subscription and number of total seats and add-ons in effect during the prior term, unless Grade.us has given you at least 14 days prior written notice of a fee increase, which will be effective upon renewal and thereafter. Additional fees for other Services will be charged as agreed to on a case-by-case basis.
You agree to provide Grade.us with complete and accurate billing and contact information. This information may include without limitation your legal name, company name (if applicable), street address, e-mail address, and name and telephone number of an authorized billing contact and authorized administrator. You agree to update this information promptly but in no event later than 30 days of any change to it. If the contact information you have provided is false or fraudulent, Grade.us reserves the right to terminate your access to the Website and Services in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 10 days of the invoice date containing the invoice and amount in question to be eligible to receive an adjustment or credit. All adjustments and credits are determined by Grade.us in its sole discretion.
You agree and acknowledge that Grade.us has no obligation to retain your data, information or Content (collectively, “Customer Data”) and that such Customer Data may be irretrievably deleted if your account is cancelled for any reason.
If termination of this Agreement or your access to and use of the Website or Services occurs, all balances owed or due on your account will become immediately due and must be paid in accordance with this Agreement. You agree that Grade.us may charge any such amount to your credit card or otherwise bill you for such unpaid amounts.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Grade.us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Grade.us agree that any dispute arising out of or related to this Agreement or the Services is personal to you and Grade.us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Grade.us seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Grade.us seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Grade.us waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Services resolved in court. nstead, for any dispute or claim that you have against Grade.us or relating in any way to the Services, you agree to first contact Grade.us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Grade.us by email at [email protected] or by certified mail addressed to 15400 SE 30th PL, Bellevue WA, 98007. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Grade.us cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington or may be conducted telephonically or via video conference for disputes alleging damages less than $50,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Grade.us agree that this Agreement affects interstate commerce and that the enforceability of this binding arbitration provision will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Grade.us, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Grade.us agree that for any arbitration you initiate, you will pay the filing fee and Grade.us will pay the remaining JAMS fees and costs. For any arbitration initiated by Grade.us, Grade.us will pay all JAMS fees and costs. You and Grade.us agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Grade.us will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Agreement by contacting Grade.us via email at [email protected] or via certified mail addressed to 15400 SE 30th PL, Bellevue WA, 98007. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
If any portion of this binding arbitration provision is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this provision or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this provision; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this provision is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this provision will be enforceable.
Added Affiliate Terms – 4/24/2013
Updated Company Name to DBA Name – 6/25/2013
Updated Affiliate Terms – 7/1/2014
Updated Terms of Service – 8/11/2015
Removed Affiliate Terms; Program Long Since Terminated – 1/2/2017
Updated Intellectual Property and Domain Names terms – 12/10/18
Last Updated – 12/20/19