Last Modified: June 19, 2014

These Terms of Service (“Terms”) govern your access to and use of the service, including the websites (the “Service”) provided by MyGradPad, LLC. (a New Jersey LLC, “MyGradPad” or “our” or “us” or “we”), and any content, information, or other material (collectively, “User Content”) that you post to the Service. This is important and affects your legal rights, so please read these Terms and our Privacy Policy carefully.
If you do not agree to any of these Terms, please do not use the Service.

1. Basic Terms

The Service enables its users (“Users” or “you”) to create and share User Content including, images, comments, information, and other media. Users can share the User Content they create, as well as the User Content shared with them by other Users, using features of the Service.

We do not screen all postings and have no way of independently verifying the information given to us by a user or posted on this site. Users should always be cautious about giving personal information to strangers or posting it in a public place where such actions might be used to harm, harass or be used against them.

Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and MyGradPad. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. The Service is intended solely for persons who are 18 or older. If you are not 18 or older, do not use the Service. You are responsible for any and all costs associated with accessing this site. If you want to inquire about commercial use of the Service, please contact us at support@mygradpad.com.

We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part.

You understand and acknowledge that the Service is provided “AS IS.” We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. Accordingly, we encourage you to maintain your own backup of your content and information, subject to the functionalities and restrictions of the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.

2. Modification to Terms

We reserve the right to modify these Terms at any time. The date of last modification preceded these Terms. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you should periodically review the most up-to-date version of the Terms, available at www.mygradpad.com/tos. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.

3. Privacy

Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy, available at www.mygradpad.com/privacy and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the Privacy Policy. We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to (i) satisfy any applicable law, legal process, or governmental request, (ii) enforce these Terms and investigate potential violations, (iii) detect, prevent, or otherwise address potential fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of MyGradPad, its users and the public. MyGradPad does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

4. Use of the Service

You are not required to register to use the Service, but full access to the Service is only available to registered users. You can register an account with MyGradPad using your email address or a Facebook. If you register using your email address, you must select a username and password. If you register using your Facebook account, you are not required to create a password, however we will create one for you. You must provide us with complete and accurate registration information and notify us if your information changes.

MyGradPad gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by MyGradPad as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by MyGradPad, in the manner permitted by these Terms.

You are responsible for safeguarding your password. You are also responsible for all activity that occurs under your MyGradPad account, whether or not such activity was authorized by you. MyGradPad will not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your MyGradPad account.

Notwithstanding any other rights of MyGradPad set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.

5. Content on the Service

The Service allows you to generate and post Roommate profiles, browse other profiles, message users and schedule apartment tours. We reserve the right at all times (but will not have an obligation) to remove any User Content on the Service. MyGradPad does not claim ownership of any User Content that you post on or through the Service. In order to make the Service available to you and other users, MyGradPad needs a license from you for the User Content that you post on the Service.

When you post User Content on the Service, you grant us a perpetual, non-commercial, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use your User Content as part of the Service, including as the Service may evolve in the future, subject to the restrictions set forth in our Privacy Policy. This license allows us to use, host, store, copy, reproduce, modify, display, perform, distribute, transmit, and adapt your User Content, and to create derivative works based on your User Content. This license also allows us to make your User Content available to other Users as part of the Service, and these other Users are authorized by you to use your User Content in connection with their use of the Service. You also represent that you have all of the necessary rights to grant us this license to all User Content you post to the Service, which continues in full force and effect even if you stop using the Service.

We may modify or adapt your User Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your User Content as may be necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services, or media.

Subject to the functionalities and restrictions of the Service, MyGradPad grants you a personal, non-commercial, non-exclusive, non-transferable, worldwide license to display, download, perform, redistribute, and view User Content, in connection with your authorized use of the Service.

You are responsible for any User Content you publicly post or privately transmit on the Service and for any consequences thereof. All User Content is the sole responsibility of the User who originated such User Content. Keep in mind that the User Content you post will be available to all other users of the Service and through third party services and websites. You should only post User Content that you are comfortable sharing with others under these Terms and our Privacy Policy.

MyGradPad is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, violates restrictions in these Terms, or otherwise infringes your rights under applicable law, please contact us at support@mygradpad.com.

6. MyGradPad Rights

All right, title, and interest in and to the Service (excluding User Content provided by Users) are and will remain the exclusive property of MyGradPad. The Service is protected by copyright, trademark, and other applicable laws of the United States as well as foreign countries. MyGradPad reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

7. Restrictions on Content and Use of the Service

To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions.

You may not post User Content that:

You may not post User Content that contains commercial content including

You may not engage in the following prohibited activities while accessing or using the Service:

We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.

8. Term and Termination

The Terms will continue to apply until terminated by either you or MyGradPad as set forth below. You may end your agreement with MyGradPad at any time for any reason by deactivating your accounts and discontinuing your use of the Service. To learn how to deactivate your account, please go here. However, your license for use of your User Content will remain in force even after your termination, as set forth in Section 5 above.

MyGradPad may suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. For example, if we reasonably believe that (i) you violated these Terms, (ii) you create risk or possible legal exposure, or (iii) our provision of the Service to you is no longer commercially viable, we may terminate your access to the Service. In the event we elect to terminate your access to the Service, we will make reasonable efforts to notify you by the email address associated with your account or through the Service.

In all such cases, MyGradPad will make reasonable efforts to disable access to and refrain from using your User Content after termination. You acknowledge that, upon termination or deactivation of your account, and upon deletion of specific User Content, copies of your User Content and references thereto may not be immediately removed and may remain available through other Users. Although your User Content is made inaccessible to others, we may store User Content for a reasonable period following termination of your account and, as noted above, your license to us with respect to your User Content remains in force.

9. Disclaimer of Warranties +

We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, MYGRADPAD DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MyGradPad makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:

The Services may contain links to third-party websites or resources. MyGradPad has not reviewed all of the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MyGradPad of such websites or resources or the content, products, or services available therefrom. You assume all risk arising from your use of any such websites or resources.

No advice or information, whether oral or written, obtained from MyGradPad or through the Service, will create any warranty not expressly made herein.

10. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYGRADPAD SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, OR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYGRAPAD EXCEED THE GREATER OF $100, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MYGRADPAD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Applicable Law and Jurisdiction

The laws of the State of New Jersey without regard to or application of its conflict of law provisions or your state or country of residence will govern these Terms and any action related thereto. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts where MyGradPad is located, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

13. Entire Agreement

These Terms, including our Privacy Policy, are the entire and exclusive agreement between MyGradPad and you regarding the Service, and these Terms supersede and replace any prior agreements between MyGradPad and you regarding the Service.

14. Waiver and Severability

The failure of MyGradPad to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

15. International Use

Although the Service may be accessible worldwide, we make no representation that the Service is appropriate or available for use in locations outside New York City or the United States, and accessing the Service from territories where the contents of the Service are illegal is prohibited. If you choose to access this Service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable laws. Any offer for any product, service, or information made in connection with the Service is void where prohibited.


QUESTIONS & CONTACT

The Service is operated and provided by MyGradPad LLC. If you have any questions or comments regarding these Terms, please contact us via email or snail mail as follows:

Address:

MyGradPad
MyGradPad LLC
548 Third Avenue, 3rd Floor
New York, NY 10016 USA

Email:support@mygradpad.com

Thank you for reading our Terms!

Effective date: June 19, 2014

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