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GradTrain Terms of Use

Welcome to www.gradtrain.com! The GradTrain service, or any applications (including mobile applications) made available by GradTrain (together, the “Service”) is owned or controlled by GradTrain, Ltd. (“GradTrain”). By registering, accessing or using the Service you agree to be bound by these terms of use (“Terms of Use”). If you do not agree to be bound by all of the terms included in this Terms of Use, please do not access or use the Service.

Minors’ Online Privacy; Legal capacity

By accepting these Terms of use, you agree that you are at least 13 years of age. If you are under 13 years of age, please submit a written explicit consent of your parents to these Terms of Use to: info@gradtrain.com.

You represent that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Account and Security

You represent and warrant that the registration information you provide to GradTrain is true and accurate and will remain true and accurate.

You are solely responsible for maintaining the security of your account. You are responsible for all activities that occur under your account and for any harm that may result from them. You commit to immediately notify GradTrain of any unauthorized uses of the account or any other breaches of security.

You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service. You may not use or allow any third party to use the Service for any illegal or unauthorized purpose.

You may not use the Service to stalk or otherwise harass another user.

You must not access GradTrain’s private API by means other than those permitted by GradTrain.

You will not use any device, software, routine, or take any action that interferes with the proper working of the site. You must not interfere or disrupt the Service, including by transmitting any worms, viruses, spyware, malware or any other destructive or disruptive code. You may not inject content or code or otherwise alter or interfere with the way any GradTrain page is provided.

You must not deploy any robot, spider, crawling, scraping, or other automated means to access the Service. Nor will you use any manual process to monitor or copy the Service or parts thereof.

Provision of and Access to the Service

There may be occasions when the Service may be interrupted without notice, including, without limitation, for maintenance, upgrades, repairs, or failure of telecommunications.

GradTrain reserves the right in its sole discretion to terminate the Service or parts thereof or terminate your access to the Service, for any reason or for no reason, without notice, at any time, and without liability to you.

In the event of termination, you are no longer authorized to access the site, and all licenses and other rights granted to you in these Terms of Use will immediately cease.

All limitations on GradTrain’ liability regarding your use of the site will survive termination.

Content You Provide on the Service

The functionality of the service may include discussion forums, communication between users, and other opportunities where you and other users can submit content. GradTrain does not control or guarantee the accuracy, usefulness, quality or no-offensiveness of such content. Under no circumstances will GradTrain be liable in any way for any such content.

GradTrain does not claim ownership of content that you provide on the Service. Instead, you hereby grant to GradTrain a non-exclusive, fully paid and royalty-free, irrevocable, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt and publish the content for any purpose including for promoting GradTrain.

Subject to the Service’s Privacy Policy, as between you and GradTrain, any content you provide will be non-confidential and non-proprietary. GradTrain will not be liable for any use or disclosure of content you provide.

You are responsible for all the content or materials that you provide (or allow third party to provide) on or via the Service, and for any harm resulting from such content.

You represent that you own the content you provide on the Service or that you have the right to grant the rights and licenses set forth in these Terms of Use.

You may not post any content that is threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, or objectionable.

You may not post advertising or commercial content without GradTrain’s prior written permission.

You may not post content to drive traffic to third party sites or boost search engine rankings of third party sites. You may not mislead as to the source of the material (such as spoofing).

You may not post content that may infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.

GradTrain will have the right in its sole discretion for any reason whatsoever (or for no reason) to pre-screen, refuse, move, or remove content from the Service for any reason, without prior notice. GradTrain will not be liable for any modification, suspension, or discontinuation of the Service or for loss of any content. You also acknowledge that content you provide may not be secure.

Responsibility of Website Visitors

GradTrain does not represent or imply that it endorses all the content posted on the Service (some of which is provided by users or other third parties), or that such content is accurate, useful or non-harmful.

The Service may include advice, tips, analyses, predictions, and other materials that are designed to help users. GradTrain does not represent that these materials will be useful, accurate, error-free, relevant, or otherwise helpful to you. You understand and agree that GradTrain will not be responsible for the content on the Service and you use the Service at your own risk.

You are responsible for taking precautions to protect yourself from viruses, worms, Trojan horses, and other harmful or destructive content. GradTrain disclaims any responsibility for any harm resulting from the access or use of content there posted.

GradTrain has no control over non-GradTrain webpages that link to the Service, and is not responsible for their content or their use.

By linking to a non- GradTrain website or webpage, GradTrain does not represent that it endorses such website or webpage.

Intellectual Property

GradTrain’s content, including, but not limited to name, logo, texts, graphics, software, algorithms, etc., is protected by copyright, trademark, patent, trade secret and other laws. You may not copy, imitate, modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign or use such content, in whole or in part, without prior written permission from GradTrain. You may not remove, alter or conceal copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GradTrain content.

This Terms of Use or the use of the Service does not transfer from GradTrain to you any GradTrain or third party intellectual property. Rather, provided that you accept without modification these Terms of Use, GradTrain grants you a personal, non-exclusive, non-assignable and non-transferable license to access the Service for your own personal, non-commercial use only.

Claim of Copyright Infringement and DMCA Policy

GradTrain respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), GradTrain will respond expeditiously to notices of alleged copyright infringement that are duly reported. GradTrain may terminate the accounts of repeat infringers. If you believe your copyright has been infringed on the Service, please provide a notice to GradTrain at: info@gradtrain.com. The notice shall include: (i) identifications of your works that were allegedly infringed; (ii) identification of the material you claim is infringing and its location on the Service; (iii) Your full name, mailing address, telephone number, e-mail address and your signature.

Please note that you may be liable for damages if you materially misrepresent that content or activity is infringing.

Advertisements and Third Party Content

GradTrain partners with a range of third parties in various forms. GradTrain reserves the right to display and to deliver to users advertisements and commercial content of GradTrain and of third parties over the site, by mail or by other means. There may also be links to third-party web sites or features in images or comments within the Service. The manner, mode and extent of such advertising and promotions may change without notice. By using the Service you agree that GradTrain may place such advertising and promotions as part of the Service and via various communications. You also expressly acknowledge that GradTrain is in no way responsible or liable for any third-party content, features or services. You also acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Updates and Termination of the Terms of Use

GradTrain reserves the right in its sole discretion to change, terminate or add to these Terms of Service (“Updated Terms”). The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern your use and any disputes arising before the effective date of the Updated Terms. We recommend you check this page from time to time for updates and review these Terms of Use and any Updated Terms before using the Service.

Disclaimer of Warranties

The Service is provided on “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, GradTrain, its employers, managers, and agents, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and lack of harmful content such as computer virus. GradTrain makes no warranty that the Service will be free of errors or that it will have continuous or uninterrupted access. You understand that you use the Service at your own discretion and risk.

Limitation of Liability

In no event will GradTrain, or its suppliers or licensors, be liable with respect to any subject matter of these Terms of Use under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data.

You agree that in the event you incur any damages, losses or injuries that arise out of GradTrain’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by GradTrain, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation by GradTrain.

GradTrain is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

You understand that you may be waiving rights with respect to claims that are unknown at this time.

Indemnification

You agree to indemnify and hold harmless GradTrain, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Service, including but not limited to your violation of these Terms of use.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with GradTrain must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Jurisdiction and disputes

All legal relationships between GradTrain and you are governed by the laws of the State of Israel, without giving effect to its conflicts of law principles. Any dispute arise concerning the Terms of Use should be brought before the court with competent jurisdiction in the State of Israel.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

GradTrain’s failure to insist upon or enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

GradTrain reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

Entire Agreement

Except if we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use, these Terms of Use constitute the entire agreement between you and GradTrain and governs your use of the Service, superseding any prior agreements between you and GradTrain.

Privacy

These Terms of Use include GradTrain’s privacy policy, located at: https://www.gradtrain.com/Home/PrivacyPolicy, which is incorporated here by reference and, therefore, also governs your visit to the site.

The effective date of these Terms of Use is November 12, 2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Contact GradTrain

If you have questions, please do not hesitate to contact GradTrain at info@gradrtain.com.