Terms

These Terms of Use (the “Terms”) govern your use of all content, tools and services available through Gradspot.com (owned by Gradspot LLC). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. By using or visiting Gradspot.com, you (“you”, the “User” or the “Contributor”) expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing this site, including any modifications that we make.

I. PRIVACY POLICY

Collecting User Information

Gradspot understands the privacy concerns of Internet users. If you’re just surfing the site and downloading content, our servers automatically record information such as IP address, the pages you request, and Gradspot cookie information.

When you sign up for a Gradspot account, we will collect more personal information: your name, email address, gender, zip code, and other information we use to maintain your account and track the information that you publish to Gradspot. You are no longer anonymous to Gradspot once you have an account.

We may ask you to provide information about your personal tastes to personalize Gradspot services to you. This information will always be voluntary, and you will still be able to use Gradspot if you choose not to give us this information.

We will use this information to customize content and advertising, take your suggestions, contact you, or assess the popularity of Gradspot content, tools and services.

Maintaining User Information

The above-described information will not be used to uniquely identify you to a third-party except as otherwise required by law. We will never rent, sell, or share any of your personal information on an individual basis with a third party or otherwise knowingly expose your information to anyone except as otherwise required by law. The information may only be provided to third parties if taken as a whole (i.e. 30% of the site is composed of females), but never on an individual basis except as otherwise required by law.

Whenever you give information to Gradspot beyond general web usage statistics, your information will be transferred over a secured connection. We will take reasonable steps to protect the security of your personal information we obtain from you. We will also make all reasonable, good faith efforts to give you access to your personal information so you can correct inaccuracies or delete information.

BY SUBMITTING PERSONAL INFORMATION TO US, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THESE TERMS OR REQUIREMENTS BY LAW.

II. CONTENT

Gradspot is an online content and services destination. The Site consists of a mix of digital media and written content provided by Gradspot, our users and our partners (together, the “Content”).

User Contributed Content

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites (“Your Content”). The following Content is prohibited:

Copyrighted material and trademarks that are used without the express permission of the owner
Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Gradspot’s written consent to do so
Pornographic, sexually explicit or obscene Content
Content that exploits children or minors
Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information
Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
Content that may be deemed grossly offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
Content promoting or providing instructional information about illegal or illicit activities

You certify that you own all intellectual property rights in Your Content. You hereby grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Trademarks

Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the articles, audio or other media provided by Gradspot are the property of their respective owners. Unless otherwise stated, Gradspot and Gradspot sites are neither endorsed nor affiliated with any of the holders of any such rights and as such Gradspot cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

Use of Gradspot Content

The information on Gradspot is intended for informational purposes only. Gradspot does not vet all of the information provided by contributors to the site. Gradspot does not guarantee your safety if you follow the advice contained in any of the information provided. Subject to applicable law, use of Gradspot and its content, including but not limited to, use of tips and suggestions, is at your sole risk.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, GRADSPOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, INCLUDING LOST PROFITS.

Compliance with the Digital Millennium Copyright Act (DMCA)

Gradspot respects the intellectual property of others. It is Gradspot’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Gradspot will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Gradspot may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Gradspot will terminate access for subscribers and account holders who are repeat infringers.

To provide Gradspot notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of legal@gradspot.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Gradspot with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at legal@gradspot.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

III. DISCLAIMERS

No formal peer review

Gradspot’s user-generated content is not uniformly peer reviewed; while readers may correct errors or engage in casual peer review, they have no legal duty to do so. Even information that has been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them.

ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS”. GRADSPOT DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OR TRADE.

None of the authors, contributors, sponsors, administrators, sysops, or anyone else connected with Gradspot in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.

Quality of Content

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Information is not endorsed by Gradspot

User-contributed content does not reflect the views of Gradspot or its employees, officers, directors, shareholders or members. Gradspot does not assume responsibility or liability for any information or for any claims, damages, or losses resulting from any use of the site or the materials contained therein

Third-Party Acts

Gradspot disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Gradspot users, advertisers, and/or sponsors on the site, in connection with the site, or otherwise related to your use of the site. Gradspot is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the site to Gradspot at legal@gradspot.com. Gradspot may investigate the claim and take appropriate action, at its sole discretion.

Offline Conduct

Although Gradspot cannot monitor the conduct of its users off the site, it is a violation of these rules to use any information obtained from this site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Violation of Terms

You agree that monetary damages may not provide a sufficient remedy to Gradspot for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

Indemnification

You hereby agree to indemnify, defend and hold Gradspot and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “Gradspot Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Gradspot Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

Your use of our sites;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
The content, the quality, or the performance of content that you submit to our sites;
Your connection to our sites;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disputes

If there is any dispute about or involving the site, you, by using the site, agree that the dispute will be governed only by the laws of the State of New York without regard to the conflict of law principles thereof. You agree to personal jurisdiction by and venue in the state and federal courts only of the State of New York, City of New York (Manhattan).

Service

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IV. CONTACT DETAILS

If you see objectionable information or have any questions about these Terms of Use, please contact Gradspot at legal@gradspot.com. Thank you.