1. SCOPE OF AGREEMENT
Please take a few minutes to read this Agreement carefully.
Please note: Site makes no representations or guarantees that information on the Site is accurate. All content on the Site is provided solely to assist users in exercising their own best judgment and at their own risk.
4. INTELLECTUAL PROPERTY
Grad Path retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Sites, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“Site Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Site, including Site’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such Site Content or Trademarks and you will not use any Site Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Site’s Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display Site’s Trademarks in any manner without Site’s prior written consent. Unless we specifically consent in writing, Site’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Site.
Unless otherwise specifically set forth on the Sites or unless written consent is provided, you may only use and access, download and copy the Site Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the Site Content. You acknowledge and agree that the Site Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. Site Content is not a substitute for legal advice or your best judgment. The accuracy of Site’s Content is not guaranteed, and Site makes no representation or warranty of any kind. Your reliance upon Site Content obtained through the Site is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
5. NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT
To notify Grad Path of alleged copyright or trademark infringement on the Site, in accordance with 17 U.S.C. §512(C)(3), you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Site to locate the material;
Information reasonably sufficient to permit Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All Notifications of Claimed Copyright Infringement should be sent to our designated agent as follows:
Upon receipt of the above information, Grad Path will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Sites.
8. DISCLAIMER OF WARRANTY
SITE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE. THE SITE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. SITE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless Site and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Site Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Site Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party's use of such material that you access using the Site and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant Site Parties.
10. LIMITATION OF LIABILITY
Under no circumstances shall Site be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Site or the information contained in the Site; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Site, even if advised of the possibility of such damages.
Site may immediately suspend access to the Site and remove and discard any Content you submitted to the Site for any reason if Site believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Site may be effected without prior notice. Site will not be liable to you or any third-party for termination of your access to the Sites.
Your use of the Site does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Site. Use of the Site does not provide you with the authority to enter into any agreements for or on behalf of Site. Moreover, use of the Site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Site. By using the Site, you agree that no attempts to subject Site to any such obligations or liability will be made.
Failure by Site to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
14. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without regard to its conflict of laws rules. You agree that you will notify Site in writing of any claim or dispute concerning or relating to your use of the Site and give Site a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Site. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of Los Angeles, CA, USA.
15. OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Site. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
16. ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Site reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that Site will not be liable to you or any third party for any modifications to the Agreement.
19. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.