Gradiance Online Accelerated Learning

Gradiance Online Accelerated Learning
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Terms of Service

1. ACCEPTANCE OF TERMS

Gradiance Corporation ("Gradiance") provides services 
("Services") subject to the following Terms of Service 
("TOS"), which may be updated by Gradiance at any time 
without notice. At any time, the current version of 
the TOS can be accessed at: 
http://www.gradiance.com/docs/tos.html.

2. REGISTRATION REQUIREMENTS

As part of registering for use of Gradiance Services, 
you represent that you are of legal age to form a 
binding contract. Moreover, you hereby represent that 
you are not barred from receiving such services under 
the laws of the United States of America or other 
applicable jurisdiction. 

3. SERVICE DESCRIPTION AND USAGE

Currently, as part of the Services, Gradiance provides 
its users with access to a rich collection of 
resources, including educational content, question 
banks, homework/quiz/test compilations, virtual lab 
facilities and other such services (collectively, 
"Content"). The Services and Content are provided to 
users only for their personal educational and testing
purposes, and you agree not to copy the Content or 
use the Services or Content for any other purpose.  
Gradiance may not control or screen Content posted by 
its users,  and so Gradiance does not guarantee the 
accuracy, integrity, or appropriateness of any 
Content. 

You understand and agree that Gradiance Services 
are provided "AS-IS", and that Gradiance assumes 
no responsibility for the timeliness or 
availability of the Services. Moreover, Gradiance 
does not assume any responsibility for the accuracy, 
effectiveness or appropriateness of the Content 
accessed through the Services.  You understand 
that by accessing Content through the Gradiance 
services, you may be exposed to Content that is 
offensive, inaccurate or inappropriate. Under no 
circumstances will Gradiance be liable in any way for 
the Content in this regard.  In future, new Content, 
features and services may also be provided and unless 
otherwise stated explicitly they will also be subject
to this TOS. You are not permitted by Gradiance to 
share your password and account information with any 
other person.  You are responsible for keeping your 
password and account information confidential, and 
are fully responsible for all activities that happen 
under your account. You acknowledge that the use of 
Gradiance Services, Content and software embodied 
in the Services is subject to usage rules set by 
Gradiance. You may not attempt to override or 
otherwise circumvent any of these rules. All 
unauthorized usage, reproduction and further 
distribution of Gradiance Services, Content and 
software is strictly prohibited.

4. SERVICE MODIFICATION AND TERMINATION

Gradiance has the right to modify or discontinue, 
temporarily or permanently, the Services (or any part) 
with or without notice. You agree that Gradiance shall 
not be liable to you or to any third party for any 
modification, suspension or discontinuation of its 
Services.  You agree that Gradiance may terminate, 
with or without prior notice, your account and any 
associated Content or access to Gradiance services. 
Cause for such termination may include, but shall 
not be limited to, a) violations of the TOS and 
other such agreements and guidelines, b) requests 
by law enforcement or other government agencies, 
c) modifications or discontinuation of the Services, 
and d) unexpected technical or business problems.

5. CONTENT POSTING GUIDELINES

Gradiance may, in its sole discretion, grant you the 
rights to use the Gradiance Services to post and 
distribute your own educational content, question 
banks, homework/quiz/test compilations or other 
content ("Your Content"), and such posting and 
distribution rights may be revoked by Gradiance 
at any time.  Unless you and Gradiance enter into 
a separate written agreement which contains terms 
that contradict  this Section 5 of this TOS (in 
which case such agreement shall supersede any 
contradictory provisions of this TOS), this 
Section 5 shall set forth all of Gradiance?s 
and your respective rights and obligations with 
respect to Your Content.

You acknowledge that Gradiance may or may not screen 
Your Content, but Gradiance has the right, without 
obligation, to screen, modify and/or refuse your 
Content. 
  
You hereby grant Gradiance a worldwide, non-exclusive, 
fully paid up, transferable, perpetual license to use, 
reproduce, distribute and modify any and all of Your 
Content.

You understand that all of Your Content transmitted to 
or posted at Gradiance by you is solely your 
responsibility.  You agree to not use the Services to 
upload, post or transmit Your Content that you do not 
have a right to make available legally. For example, 
insider information, proprietary and confidential 
information, or any of Your Content that infringes 
on patents, trademarks, and copyrights or other such
rights of any party should not be made available
through the Gradiance Services.  

You hereby represent and warrant to Gradiance that 
Your Content will not contain software viruses or 
other computer code, files, programs that lead to the 
interruption and/or destruction of Gradiance Services, 
Content or property.  You agree to not interfere with 
or disrupt Gradiance Services, by compromising its 
servers or networks connected to its servers.

6. INDEMNITY

You agree to indemnify and declare Gradiance, and its 
affiliates, officers, agents, partners and employees 
harmless from any claim or demand including reasonable 
attorneys' fees made by you or any third party due to 
or arising out of your use of the Gradiance Services 
or Content, any of Your Content you post, transmit or 
make available through Gradiance Services, or your 
violation of the rights of any others.

7. INTERNATIONAL USE

Given that Gradiance Services may be accessed over the 
Internet, you agree to abide by all applicable local 
laws regarding online conduct and content. You also 
agree to abide by all laws that apply to the 
transmission and usage of technical data exported from 
the United States of America. 

8. LINKED CONTENT AND SERVICES

Gradiance services may lead its users to the services 
and content of third parties through links. Because 
Gradiance has no control over such sites and their 
materials, you acknowledge that Gradiance is not 
responsible for the availability, reliability and 
appropriateness of the third party services, content 
and their resources. You agree that Gradiance shall 
not be liable in any way for any damage or loss 
caused by or in connection with the use of such 
content, services and resources.

9. PRIVACY POLICY

Gradiance will use the information provided by its 
users and accrued through the user interactions with 
its Services in accordance with its privacy policy set 
forth at: http://www.gradiance.com/docs/privacy.html.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF GRADIANCE SERVICES IS AT YOUR SOLE 
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND 
"AS AVAILABLE" BASIS. 

GRADIANCE MAKES NO WARRANTY THAT (a) THE SERVICES 
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
OR (b) THE SERVICES YOU OBTAIN FROM GRADIANCE WILL 
MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED OR OBTAINED THROUGH THE USE OF 
GRADIANCE SERVICES IS DONE AT YOUR OWN DISCRETION 
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY 
INAPPROPRIATENESS OF SUCH CONTENT OR ANY DAMAGE 
TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT 
RESULTS FROM ACCESSING OR DOWNLOADING THE CONTENT.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GRADIANCE 
SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, 
INCLUDING BUT NOT LIMITED TO a) LOSSES PROFITS, 
GOODWILL AND/OR OTHER INTANGIBLE LOSSES DUE TO THE 
USE OR INABILITY TO USE OF GRADIANCE SERVICES OR 
ITS CONTENT, b) DAMAGES DUE TO UNAUTHORIZED ACCESS 
TO OR ALTERATIONS OF YOUR TRANSMISSION OF DATA TO 
AND FROM GRADIANCE, c) DAMAGES TO UNAUTHORIZED ACCESS 
OR USAGE OF THE CONTENT YOU HAVE POSTED AT GRADIANCE,
AND d) LOSSES DUE TO USE OF SERVICES, CONTENT OR 
OTHER RESOURCES AT THIRD-PARTY PROVIDERS ACCESSED
THROUGH LINKS AT GRADIANCE.

12. GENERAL INFORMATION

The Agreement: The TOS constitutes the entire agreement 
between you and Gradiance, unless explicitly superceded 
by other agreements. You may be subject to additional 
terms and conditions that govern your conduct and use 
of certain services from Gradiance, its affiliates and 
third-party providers.

Binding Law and Forum: The TOS and your relationship 
with Gradiance shall be governed by the laws of the 
State of California and the controlling federal law of 
the United States of America, without applying choice 
of laws/rules of other jurisdictions.

Waiver and Severability: The failure of Gradiance 
to exercise or enforce any part of its rights and 
provisions embodied by the TOS does not constitute a 
waiver of such rights and provisions. Moreover, if 
any particular terms or provisions of the TOS are 
found by a court to be invalid, you agree that 
the other provisions of the TOS remain in effect.

Survivorship and Transferability: You agree that your
account at Gradiance is non-transferable and your 
rights to your Gradiance account terminate upon your
death, unless explicitly stated otherwise.

Statute of Limitations: You agree that all claims or 
causes of action arising out of your use of Gradiance
Services must be filed within one year after the claim
or cause of action arose, or be forever barred from 
filing the claim or cause of action.

13. COPYRIGHT

Copyright 2004 by Gradiance Corporation, 1023 Cathcart 
Way, Stanford, California 94305, USA. 

All Rights Reserved.

Last Revised:  August 27, 2004

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