Welcome to www.GradeBuddy.com (the “Service”), which is owned and operated by GradeBuddy LLC., A California corporation (“GradeBuddy”). By using the Service, you agree to comply with and be legally bound by these Terms Of Use and any related rules, policies or disclaimers with respect to the Service. PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF you do not accept the Terms, do not use the SERVICE. Your use of the Service WILL SIGNIFY YOUR acceptance of the Terms from that point onwards. GradeBuddy ("GradeBuddy"), a subsidiary of GradeBuddy, LLC., is an online portal where authors ("Publishers") distribute independently-created works ("Content") to others for a variety of academic disciplines. GradeBuddy provides a platform for assisting students in understanding ideas, concepts, and themes required to excel in academic courses.

Terms of Use:

These Terms & Conditions of Use ("Terms") apply to www.GradeBuddy.com. Use of GradeBuddy signifies agreement with the Terms. If there is no such agreement, there should be no use. GradeBuddy reserves the right, in its sole discretion, to modify the Terms without further notice and at any time. Continued use of GradeBuddy after any such change signifies acceptance of the new Terms. It is your responsibility to regularly review these Terms of Use. The Terms apply exclusively to access to, and use of, GradeBuddy and. They do not alter the conditions of any other agreement with GradeBuddy for products, services, or otherwise.

The Service is only an Internet-based venue for informational and educational purposes. The Users, not GradeBuddy, provide the Service with content in the form of text, files, images, photos, works of authorship, Questions, Answers and any other material or information that is uploaded to, posted to or otherwise communicated by Users on the Service (collectively, “Documents”). Gradebuddy does not provide any Documents, and is not liable for any Documents

Content:

All Content must be independently created, transformative and non-derivative. It should not be a transcript or recording. It should go beyond simply summarizing material covered in class or in written or recorded materials, but include information raised by students in or outside of class, and independent thought, analysis and commentary. GradeBuddy content must be substantially rewritten after class and include independent material; notes that use a lecturer's words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students.

Although GradeBuddy will not modify or edit any Content, it does reserve the right to change the format, sizing, and any other display specifications of the Content as GradeBuddy sees fit, which shall be determined in GradeBuddy's sole discretion. Uploading permits any other user of GradeBuddy to access, view, display, download, store, print and otherwise use such Content. GradeBuddy assumes no liability for any material provided by Publishers, which may contain material that is inaccurate, incomplete, inappropriate, offensive or sexually explicit. GradeBuddy does not review, edit or evaluate the accuracy of information provided by the Publishers. Misuse of any of the services provided on GradeBuddy ("GradeBuddy Services") by any user or Publisher, should be immediately reported to GradeBuddy at [email protected]. GradeBuddy reserves the right in its sole discretion to remove all Content posted by any user, or to restrict, suspend or terminate access to all or any part of the GradeBuddy Services at any time, for any or no reason, with or without prior notice and without liability. Use of the GradeBuddy Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. Users are solely responsible for all activities, acts and omissions that occur in, from, through or under their user names or passwords.

Intellectual Property:

All documents (including the organization and presentation of such material) included in this web site (the "Documents") are the property of GradeBuddy and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. The Contents may not be uploaded, sold or redistributed through any other mediums, specifically other websites, which are available to of the public. The Content may only be used for non-commercial, personal or educational purposes. Copyright and other intellectual property notices must be observed at all times. Exploitation, modification, and creation of derivatives of the Contents are prohibited.

User Accounts
Through participation in GradeBuddy Services, users ensure that (a) all information submitted to GradeBuddy is true and accurate; (b) the accuracy of such information will be maintained; participants are at least thirteen (13) years of age, individuals between the ages of 13 and 18 should review these Terms of Use with their parent or guardian to confirm understanding and agreement to the terms by an adult; and (c) use of the GradeBuddy Services does not breach any applicable law or regulation.
When you register as a User on the Service, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify GradeBuddy of any unauthorized use of your password or account. You should only create one account on the Service. If any GradeBuddy account of yours has been suspended or terminated, you may not open another account on the Service. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active GradeBuddy accounts. Any content you provide on the Service and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (GradeBuddy strictly follows DMCA guidelines for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation or ethical code, including the rules and regulations of your educational institution; (d) be competitive with GradeBuddy or the Service (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Service without GradeBuddy's prior written consent.
For those Users paying for access to the Service, GradeBuddy charges your credit card immediately upon your purchase of a note package. Each and every subscription package requires an upfront and immediate charge to your credit card depending on the subscription term that you elect to purchase.

Term:

Users may terminate membership at any time for any reason by following the instructions at the profile screen. Cessation of membership will end access to GradeBuddy, including opportunities to post more Content and profit from the distribution of any Content provided. Previously posted Content will remain on GradeBuddy unless GradeBuddy, in its sole discretion, decides to remove it. Even after membership ends, all Terms will remain in effect.

You can terminate your account at any time by completing the necessary steps of the My Account section. GradeBuddy reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

Password:

When you create an account on the Service, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify GradeBuddy immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Each individual is alone are responsible for any and all use of his/her account.

Non-commercial Use.
The GradeBuddy Service is provided for your personal and academic use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by GradeBuddy. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the GradeBuddy Service, or of any data or information accessed or provided through the GradeBuddy Service, for any commercial purpose, or by any commercial entity, is expressly prohibited. You agree not to use or launch any automated system or scripts, including without limitation, "robots," "spiders," "offline readers," etc., to accesses the GradeBuddy Service or to "scrape," "harvest," or otherwise retrieve, any data, documents, content or other information from the GradeBuddy Service. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the GradeBuddy Service, nor to use the communication systems provided by the GradeBuddy Service for any commercial solicitation purposes. You agree not to solicit any users of the GradeBuddy Service with respect to their Member profiles or Content. Notwithstanding the foregoing, GradeBuddy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. GradeBuddy reserves the right to revoke rights granted herein either generally or in specific cases.
Appropriate legal action will be taken for any illegal or unauthorized use of the GradeBuddy Service (including illegal or unauthorized use of any data or information accessed or provided through the GradeBuddy Service).

Trademarks:
All trademarks, logos, trade dress, product names, service names, and service marks on the GradeBuddy Service are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Privacy:
Use of the GradeBuddy Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Copyright Policy:

Users agree that they will not (using the GradeBuddy Services) post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information ("Intellectual Property") belonging to others without obtaining the prior written consent of the owner of such proprietary rights..
GradeBuddy will remove or disable access to material claimed to be the subject of infringing activity and/or terminating users in DMCA-compliant takedown requests. If such an action is taken, GradeBuddy will make a good-faith attempt to contact the provider of the allegedly infringing material so that they may make a counter notification. GradeBuddy has adopted and implemented a repeat infringer policy whereby GradeBuddy terminates that account of users who receive more than two counts of infringement.
To file a notice of copyright infringement with the Company, you will need to provide a written communication that sets forth the items specified below. Pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act, please use the following format (including section numbers):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site" as required by 17 U.S.C. § 512(c)(3)(A)(ii).
2. Information reasonably sufficient to permit the service provider to locate the material as required by 17 U.S.C. § 512(c)(3)(A)(iii), preferably the URL of the allegedly infringing content. Please provide the specific document URL (i.e., not school, department or course URL) of the work.
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, as required by 17 U.S.C. § 512(c)(3)(A)(iv). (email address is preferred).
4. A statement that you have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" as required by 17 U.S.C. § 512(c)(3)(A)(v)
5. A statement that the information in your letter is accurate, and under penalty of perjury, that you are "authorized to act on behalf of the owner of an exclusive right" as required by 17 U.S.C. § 512(c)(3)(A)(vi).
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" as required by 17 U.S.C. § 512(c)(3)(A)(i).
7. Send the written communication to:
If you believe your work has been infringed through the Websites or the Services, please notify us at [email protected] or at GradeBuddy, LLC, Attention: Copyright Agent, 16756 Ventura Blvd, Encino, CA 91436.

Disclaimers

GradeBuddy Services are not endorsed, recommended, or required by any individual, professor, or institution. GradeBuddy is used merely as a supplemental study material and are not intended as a replacement for regular class attendance and/or participation.

GradeBuddy does not claim a copyright on the information that is present in our note packets. The information present in GradeBuddy' packets is a description of the events that occured in a particular lecture class.

GradeBuddy and its employees do not endorse students missing class for any reason other than documented illness. GradeBuddy encourages all students to attend class regularly and participate enthusiastically in class. GradeBuddy is not responsible for any incorrect or inaccurate Content posted in connection with the GradeBuddy Services, whether caused by Publishers of the GradeBuddy Services or by any of the equipment or programming associated with or utilized in the GradeBuddy Services. GradeBuddy does not guarantee that any Content is correct and accurate and is not responsible for any errors or omissions or for any consequences of the use of such information. Profiles created and posted by Publishers on GradeBuddy may contain links to other websites. GradeBuddy is not responsible for the Content, accuracy or opinions expressed on such websites and inclusion of any linked website on the GradeBuddy Services does not imply approval or endorsement of the linked website by GradeBuddy. Access third-party sites at your own risk. GradeBuddy takes no responsibility for third party advertisements which are posted on GradeBuddy or through the GradeBuddy Services, nor does it take any responsibility for the goods or services provided by its advertisers. GradeBuddy is not responsible for the conduct, whether online or offline, of any user of the GradeBuddy Services. GradeBuddy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. GradeBuddy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the GradeBuddy Services or combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with the GradeBuddy Services. Under no circumstances shall GradeBuddy be responsible for any loss or damage resulting from use of the GradeBuddy Services, attendance at a GradeBuddy event, from any Content posted on or through the GradeBuddy Services (including, without limitation, from any use of or reliance on any such Content) or from the conduct of any Publishers of the GradeBuddy Services, whether online or offline. The GradeBuddy Services are provided "AS-IS" and as available and GradeBuddy expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GradeBuddy cannot guarantee and does not promise that the GradeBuddy Services will always be available and neither can it guarantee or promise any specific results from use of the GradeBuddy Services and in particular does not promise that Publishers' educational exam or course work grades will improve thereby.

Indemnity:
You agree to indemnify and hold GradeBuddy, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the GradeBuddy Service in violation of this Agreement or your violation of any law or the rights of a third party.
Limitation on Liability:

IN NO EVENT SHALL GRADEBUDDY (INCUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITES OR THE SERVICE, EVEN IF GRADEBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF GRADEBUDDY (INCUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITES OR THE SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO GRADEBUDDY IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, GRADEBUDDY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH GRADEBUDDY.

Disputes:

If a dispute arises between you and GradeBuddy or its subsidiaries, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a "Claim") in accordance with the subsection below.

You and GradeBuddy agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and GradeBuddy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and GradeBuddy otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY GRADEBUDDY, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.

GradeBuddy Code of Honor:

We work diligently to prevent misuse, but ultimately, the choice to act with academic honor and integrity is your own. We know that most of you have never and will never abuse the Websites or any of the information, services or materials available through them. We take this opportunity, then, to highlight our commitment and your own. We require every user and member to abide by our Honor Code.

You may not use any of the solutions, answers, materials or information available on or through our Websites and Services, to cheat. Examples include:

1. Submitting any textbook solutions from the Website as your own to any class.
2. Using our questions and answers service to complete tests or homework when instructed not to use outside help.
3. Otherwise passing along any solutions, answers, materials or information from the Website as your own.
4. Any other violation of your instructor's or school's academic honor code.

We will take swift action against anyone found violating this Honor Code. If GradeBuddy is presented with evidence that its Services have been used in a manner contrary to its code, GradeBuddy may, in its sole discretion, remove the materials and terminate the account of the involved users.

If you have any questions or concerns regarding the GradeBuddy Websites or Services, please write to us at http://www.GradeBuddy.com/contact-us/ or at our offices located at 16756 Ventura Blvd, Encino, CA 91436. All notices, authorizations, and requests to GradeBuddy shall be deemed given on receipt.

Services and Payment

Will Grade Buddy ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does the GradeBuddy Service cost anything?

GradeBuddy offers a free basic membership as well as a paid premium membership (“Premium Member”). You can also select to purchase individual items for download. For more details on pricing, payment and what is included in the different levels of membership, please see our Frequently Asked Questions.

Paying for Access (Subscriptions)

If you select the paid premium membership, GradeBuddy charges your credit card immediately upon your purchase of a subscription package and any renewal thereof. Monthly, three-month and annual subscription prices are charged one time at the time of purchase. All subscription packages are renewed and charged automatically for successive equivalent periods until you discontinue such renewal by selecting the "Stop Recurring Payment" option under your Account Settings. You must follow the instructions on the page to confirm the cancellation.

What if I want to stop using GradeBuddy?

You’re free to do that at any time, by contacting us at ; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. You can cancel any ongoing billing by selecting the "Stop Recurring Payment" option under the Account Settings section of the User Dashboard of the Service. For any questions, please email us at . Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms. GradeBuddy is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. GradeBuddy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Refunds

Each and every subscription package requires an upfront and immediate charge to your credit card depending on the subscription term that you elect to purchase. We do not provide refunds once a User has viewed several documents as a Premium User. If your account is a recurring payment subscription, and multiple payments have occurred, under no circumstances will we refund anything but the very last payment in case of a dispute by a User. For any billing related questions in regards to payment and refunds, please contact Customer Service at .


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