- GradGenius . is a company incorporated under the laws of the United States of America, with its registered office at 24600 Katy Fwy, Katy, TX 77494-7819 and having file number 804707753.
- The Platform is an intermediary that simplifies school selection process and connects prospective graduate applicants with third party expert resume builders and essay reviewers while connecting them with enrolled candidates in their institution of choice to get proper guidance and support in the graduate application process.
- Eligibility to Use
- The Services are available to individuals who are competent to enter into a contract, who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.
- GradGenius reserves the right to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than one active Account (defined hereunder) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
- User Account, Password and Security
- You may access and use the Platform and the Services either as a registered user or as a guest user. However, not all sections of the Platform and Services will be accessible to guest users.
- Registered users: GradGenius makes certain sections of the Services available to You through the Platform only if You have provided GradGenius certain required User information and created an account and a GradGenius ID through certain log-in ID and password ("Account").
- In the event You register as a User by creating an Account in order to avail of the Services provided by the Platform, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to
- immediately notify GradGenius of any unauthorized use of Your Account Information or any other breach of security, and
- ensure that You exit from Your Account at the end of each session. GradGenius cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by GradGenius or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- You shall ensure that the Account Information provided by You in the Platform's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GradGenius has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GradGenius has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform / Services (or any portion thereof).
- Guest users: The Platform also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Platform and use the Services for the purpose of purchasing Services, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
- Use of Services may result in charges to you for the services or goods you receive (“Charges”)
- The Platform reserves the right to vary the price of any product without any prior notice
- Our Platform only accepts payment through Stripe
- Users expressly agree and acknowledge that our Platform may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our Platform.
- Our Platform reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our Platform may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our Platform assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
- Users agree that they will hold our Platform harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
- Warranties By Users
- Users warrant as follows:-
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Platform without prior intimation whatsoever.
- That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
- You shall at all times ensure full compliance with various laws regarding your use of our services.
- You shall not hold the Company or Platform liable for any issues that occur between you and another user in case you share your personal details with another user and that another user misuses that information. The company shall never ask the registered users to share their personal information with any other user on the Platform.
- You shall be solely responsible for any breach of your personal information in case you transmit it to any other user on our Platform and the Company shall in no case be liable or responsible for either protecting the same or for its breach.
- Misuse Of The Platform
- You are prohibited from using the Platform to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Platform to advertise or perform any commercial solicitation.
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our Platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Platform is owned and controlled by GradGenius or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such Content. GradGenius reserves the right to change or modify the Content from time to time at its sole discretion.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of GradGenius or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of GradGenius, the vendor/seller or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, GradGenius owns all intellectual property rights to and into the trademark "GradGenius", and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from GradGenius or thirty party owner of such Content.
- Disclaimer of Warranties and Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRADGENIUS WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GRADGENIUS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GRADGENIUS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. GRADGENIUS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT GRADGENIUS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. GRADGENIUS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, GRADGENIUS SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND GRADGENIUS 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. GRADGENIUS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. GRADGENIUS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless GradGenius, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
- GradGenius may notify You of any claims which You shall be liable to indemnify GradGenius against. You will then be required to consult with GradGenius regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of GradGenius without the express prior written consent of GradGenius which can be withheld or denied or conditioned by GradGenius in its sole discretion.
- Notwithstanding anything to contrary in the Agreement(s), in no event shall GradGenius, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not GradGenius has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services or Content.
- The Agreement will continue to apply until terminated by either You or GradGenius as set forth below. If You want to terminate Your agreement with GradGenius, You may do so by (i) not accessing the Platform; or (ii) closing Your Account for all of the Services that You use, where GradGenius has made this option available to You.
- GradGenius is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by GradGenius is, in GradGenius's opinion, no longer commercially viable;
- GradGenius has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
- In the event GradGenius faces any unexpected technical issues or problems that prevent the Platform and / or Services from working.
- GradGenius may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
- You agree that all terminations shall be made in GradGenius's sole discretion and that GradGenius shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Platform and Services.
- Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until GradGenius chooses to terminate them. GradGenius may inform the sellers who have accepted Your purchase orders on the Platform, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. GradGenius may also cancel all Your non-fulfilled orders on the Platform without any obligation or liability towards You.
- Binding Arbitration and Class Action Waiver
- Any dispute or claim relating in any way to your use of any Service and/or any claim arising out of this Agreement will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement and shall govern the process of Arbitration.
- To begin an arbitration proceeding, you must send a letter/email requesting arbitration and describing your claim to [email protected]
- You agree that any claim you may have against GradGenius, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against GradGenius.
- Your California Rights
- Subject to the terms herein regarding a change in business ownership or structure, we do not share personal information (as defined by California Civil Code Section 1798.83) collected by us for the Services we provide you with third parties for their direct marketing purposes without giving you the opportunity to opt in or opt out as more fully described above in the “Choices and Opting Out” section. If you are a California resident, you may request information about our compliance with California law by emailing us at [email protected] Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this designated email address or mailing address.
- Governing Law and Jurisdiction
- General Provisions
- Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. GradGenius's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by GradGenius to any third parties without the requirement of seeking Your prior consent. GradGenius may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. GradGenius shall have right to transfer Your Account and Account Information to a third party who purchases GradGenius's business as conducted under the Platform.