Effective as of September 1, 2014
Please note that this Site and App (the "Site and App") and Chrome© extension (the ‘App’) are in Beta and may contain errors, bugs, or other problems not usually associated with generally available Site and Apps and services.
As with any webSite and App providing tools and information, there are rules about what you can and can't do, what we will and won't do, and what promises we do and don't make to you. Those are captured below in our Terms of Service. Please read them carefully because we want to be sure you understand and accept them before you use or App or register for this Site and App.
The following terms constitute an agreement between you and Gradelicious, the operator of the Site and App ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site and App, both as a casual visitor and as a registered user.
1. About the Site and App
The Site and App contains a range of information and tools relating to the environment and sustainability. The Site and App contains not only information posted by us but user submitted content as well. Content submitted by users is not reviewed or verified by us. We accept advertising on the Site and App, but try to be responsible in what we will and won't accept. We make sure that all ads are clearly marked. Everything we offer on the Site and App is referred to in these Terms of Service collectively as "the Services."
2. Changes to These Terms of Service
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and App and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site and App that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site and App, or if you have registered with us, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to cancelling. Your ongoing use of any Service or of the Site and App after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
In order to register, you will need a gmail account and will use your Gmail credentials to register and log into the Site and to download the App. These are your credentials for accessing Services that are only available to registered users ("Credentials"). As such your username will be based on that you have provided to Gmail and you may not use a username that is either vulgar, attempts to impersonate another person, or violates the rights of others.
4. Your Personal Information
5. Your Responsibilities
You are responsible for all use of the Site and App and App and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and App and App and Services for lawful, non-commercial purposes only. When participating in our communities or providing ratings, you must comply with our Posting Guidelines. You may not use the Site and App and App in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and App and App and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
6. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site and App and App or Services for any purpose without our express written permission. You agree not to violate any of our robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site and App, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site and App.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site and App, and the use of new Services will be governed by these Terms of Service.
8. Links to Other Site and Apps
The Site and App may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these Site and Apps or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other Site and Apps.
9. Additional Terms
Certain Services or features on the Site and App may have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
10. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions.
11. Content You Post or Submit
The Site and App includes community areas, such as forums where registered users can post messages, information, and other content ("Postings") that can be accessed and viewed by others, including the public in general. When you submit Postings keep in mind that they are not confidential. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site and App that you created or that you have permission to post. You may not post Postings that violate these Terms of Service or our Posting Guidelines, and we reserve the right to block your ability to post and/or to access the Site and App and Services if you do. You may also have the opportunity to submit ratings of users, content or other material. Your ratings are considered Postings and must comply with our Posting Guidelines. It is important that you act responsibly when providing these ratings. Please give clear, honest information but do not use inappropriate language or make gratuitous personal criticisms or comments.
You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site and App, you grant us and our affiliates the right to use, copy, display, perform, distribute, adapt, translate, edit, and promote your Postings in any medium, and to use your display name to attribute your postings to you if we so choose.
While some community areas may be monitored for topicality, we have no obligation to pre-screen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content in community areas, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them.
In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and App and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site and App or Services.
12. Your Use of Content
All of the written and visual materials, data, tools, and design elements (the "Content") available on or through the Services and/or the Site and App are owned by us, our suppliers, and our contributors, and are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may print, download, and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, duplicate, frame or scrape any of the Content, or exploit the content for commercial gain.
We accept advertising that complies with our Advertising Policy. Please keep in mind that any dealings that you have with advertisers found on the Site and App are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.
14. Linking To This WebSite and App
Unless you have a written agreement with us that specifies how you may link to the Site and App, following are the rules for adding a link to the Site and App from your webSite and App:
- The link must be a text-only link clearly marked "www.gradelicious.com".
- The link must "point" to www.gradelicious.com and not to other pages within the Site and App.
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Gradelicious© good name and trademarks.
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Gradelicious©.
- The link, when activated by a user, must display the Site and App full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
- We reserve the right to revoke consent to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site.
15. Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site and App. Each of these activities shall be governed by specific rules accessible from the page offering the contest, sweepstakes, or game, and which will be presented to you at the time you choose to participate in a contest, sweepstakes, or game.
16. International Use
The Site and App and Services, including the information provided on the Site and App, are designed for and intended for users in Canada. We make no representation that the Site and App or Services are applicable to, appropriate for, or available to users in locations outside Canada. Accessing the Site and App and Services from territories where the content is illegal is prohibited. If you choose to access the Site and App and Services from a location outside Canada, you do so on your own initiative and you are responsible for compliance with local laws.
17. We Make No Warranties
WE PROVIDE THE SITE AND APP AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A GRADELICIOUS REPRESENTATIVE SHALL CREATE A WARRANTY.
You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and App and the Services at your own risk.
18. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR AND OUR SUPPLIERS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE Site and App AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR THREE MONTHS FOR THE SPECIFIC SERVICE AT ISSUE.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE Site and App AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time by emailing us at firstname.lastname@example.org. We recommend that you transfer records or other information stored on the Site and App prior to terminating your registration.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and App and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. Electronic Contracting and Notices
Your affirmative act of using this Site and App and/or registering for the Site and App or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site and App. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice, when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
22. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and App and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Choice of Law and Location for Resolving Disputes
You agree that the law of the Province of British Columbia governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the Province's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the Province of British Columbia.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, PROVINCIAL OR FEDERAL COURTS IN THE PROVINCE OF BRITISH COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE AND APP, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE PROVINCE OF BRITISH COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this contract at any time as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site and App regarding any change of ownership so that you have the opportunity to discontinue your use of the Site and App or cancel your registration if you do not wish to continue to use the Site and App and Services under the new ownership. You may not assign this contract to anyone else.
25. Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our suppliers and those posting and sharing documents to this Site and App to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site and App in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the webSite and App where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this Site and App where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Gradelicious. No right, license or interest to such trademarks is granted by this Agreement.