Terms and Conditions
Terms and Conditions
1. Electronic Communications
When you register for the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by sending e-mail notices from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your Site account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GradeHub reserves the right to refuse service, terminate accounts, remove or edit content at its sole discretion. Customer shall use reasonable precautions to protect Customer equipment from an unauthorized access, attack, or use.
3. Restrictions on Usage
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GradeHub or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of GradeHub and protected by U.S. and international copyright laws. All software used on this Site is the property of GradeHub or its software suppliers and protected by United States and international copyright laws.No part of this Site may be reproduced in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from GradeHub.
5. The Family Educational Rights and Privacy Act Regulations
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. You recognize GradeHub is conducting studies and/or testing for your educational agencies and/or institutions for the purpose of developing, validating, or administering predictive tests and improving instruction and such studies will be conducted in such manner as will not permit the personal identification of students and their parents by persons other than representatives of your organizations and such information will be destroyed by GradeHub when no longer needed for the purpose for which it is conducted. No specific student information will be released to any third party unless there is a written consent from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student if desired by the parents. As applicable, you agree to comply with all FERPA requirements prior to providing GradeHub access to any student education records.
6. Assessment Data Created and Obtained from the Use of GradeHub Site and Related Services
The assessment data created and obtained from the use of the Site, and/or their related services is owned by the educational institutions we serve. GradeHub may use this assessment data for internal business purposes. GradeHub agrees to not release assessment data to a third party on an individual student or individual school without the prior notification and authorization of the student or school and in compliance with Children’s Online Privacy Protection Act (COPPA). GradeHub grants the use of the assessment data to the school, district, institution, or other organizational activities subject to the restrictions of COPPA and any other laws that the contracting party is subject to. Such access grant does not allow the school, district, or other organization to sublicense, resell, or transfer the assessment data for profit or for use in connection with development of an assessment product for profit without prior express written consent of GradeHub. There is no restriction on your royalty-free right to download a digital copy of the assessment data for analysis and archiving in support of your organization’s internal operations.
7. Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GRADEHUB ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GRADEHUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRADEHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRADEHUB DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM GRADEHUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRADEHUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GRADEHUB FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY GRADEHUB OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
9. Force Majeure
Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts, events, and causes beyond the control of the responsible party, including, but not limited to, embargoes, explosions, failure of third party suppliers, fires, governmental decrees, labor disputes, natural disasters, riots, strikes, terrorist activities, or war.
The use of this Site is provided free with no license/program fee for teacher and an annual subscription for student accounts. GradeHub reserves the rights to terminate your account if it has been inactive for a period longer than two (2) years. You may terminate the use of this Site at any time by submitting a request in writing from an authorized representative. By terminating the use of this Site, GradeHub reserves the rights to permanently purge your stored data in its entirety including any incomplete or unused test quantities without issuing any credits or refunds. Your use of this Site may also be terminated immediately by GradeHub if in GradeHub’s sole determination you fail to comply with any term or provision of these terms and conditions. Other types of accounts such as trial/demo accounts, which are meant for evaluation purposes, are only valid for 30 days. After this period, all data associated with this evaluation account will be permanently purged without the possibility of porting to other accounts.
11. Data Retention
To maintain Site’s optimum performance and data handling, GradeHub reserves the right to summarize and archive test data that is over two (2) years old at the institution, school, and district levels only. After the two-year period, test records at the individual student level will no longer be available. Customer may export the data from the Site at any time prior to the two-year period for internal archiving purposes.
These terms shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in CALIFORNIA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
13. Site Policies, Modification, and Severability