MoreThanGrades - Terms of Use

Terms of Use Agreement Acceptance of Terms
This Terms of Use Agreement (Agreement) provides the "Terms of Use" under which you may use MoreThanGrades.com, an on-line service that allows prospective students to create profiles of themselves, investigate the credentials of prospective schools and the requirements for admission to those schools.Student profiles will not be accessible to any other student subscribers to this website. Your profile information is displayed to, but not limited to, universities and colleges that access the MoreThanGrades.com database in search of prospective students. Please read this Agreement carefully. If you do not accept the terms and conditions herein, do not use the MoreThanGrades website and leave this site immediately. This Agreement sets forth the legally binding terms for your use of the services provided on the MoreThanGrades.com site. By using and/or visiting this website (collectively, including all content available through the MoreThanGrades.com domain name, the "MoreThanGrades Website", or "Website"), you are expressly acknowledging your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) MoreThanGrades privacy notice, found at morethangrades.com/privacy and incorporated here by reference, whether you are a "Visitor" (which means that you intend to browse the MoreThanGrades.com website) or you are a registered "Member" of the MoreThanGrades.com website. These Terms of Use apply to all users of the MoreThanGrades website. The term "User" refers to any Visitor or a Member. Users are only authorized to use the services provided by the MoreThanGrades.com website if they agree to abide by all this Agreement and all applicable laws pertaining thereto. This Agreement may be modified by MoreThanGrades.com as conditions warrant. Any modifications shall be effective upon posting by MoreThanGrades.com. All Users agree to be bound by any changes to this Agreement once they access the MoreThanGrade.com website after any such modification is posted. It is strongly recommended that you review this Agreement regularly to ensure that you are updated as to any changes.Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at MoreThanGrades.com/terms. MoreThanGrades may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. MoreThanGrades.com reserves the right, in its sole discretion, to reject, refuse to post or remove any information by you, or to restrict, suspend, or terminate your access to all or any part of the services provided by the MoreThanGrades.com website at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility
You must be 14 years of age or older to visit or use MoreThanGrades.com in any manner. If you wish to subscribe to the Member services provided by MoreThanGrades.com you must affirm that you are at least 14 years of age, are an emancipated minor, or possess the express written consent of a parent or guardian to do so. By visiting MoreThanGrades.com and/or accepting these Terms of Use, you represent and warrant to MoreThanGrades.com that you are at least 14 years of age, and that you have the right, authority and are fully able and competent to agree to and abide by these Terms of Use. You also represent and warrant to MoreThanGrades.com that you will use MoreThanGrades.com in a manner consistent with any and all applicable laws and regulations. Your profile may be deleted and your membership may be terminated without warning, if a determination is made as to the accuracy of any representations made with respect to a User's age.

Use of MoreThanGrades Content
Access to the MoreThanGrades.com website authorizes Users to view and access the content available thereon solely for personal use. The contents of the MoreThanGrades.com website, and of any and all other websites presently under MoreThanGrades.com's control, including but not limited to text, graphics, images, logos, button icons, software and other content, are protected under both United States and foreign copyright, trademark and other laws. All the aforementioned content is the property of MoreThanGrades.com or its content suppliers or clients. Unauthorized use of the MoreThanGrades.com content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in any content taken from the MoreThanGrades.com website on any copy you make of thereof. Â You may not sell or modify the contents of the MoreThanGrades.com website or reproduce, display, publicly perform, distribute, or otherwise use the contents of the MoreThanGrades.com website in any way for any public or commercial purpose. The use of the content from the MoreThanGrades.com website on any other web site or in a networked computer environment for any purpose is prohibited. MoreThanGrades.com contains User Content (defined below) from other Users and MoreThanGrades.com licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on or through the MoreThanGrades.com website.

MoreThanGrades Site Restrictions
Users may not use MoreThanGrades.com in order to transmit, distribute, store or destroy material, including, without limitation, MoreThanGrades content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any MoreThanGrades website, including, without limitation the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any MoreThanGrades website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MoreThanGrades will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to alter or modify any part of the MoreThanGrades website.

Specific Prohibited Uses
The URL posting and profile database features of MoreThanGrades.com may be used only for lawful purposes by individuals seeking to be recruited and by universities seeking students. MoreThanGrades networking may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

Registration Information
When you register with MoreThanGrades .com, you will be asked to provide MoreThanGrades with certain information, including, without limitation, a valid email address and mailing address (your "MoreThanGrades Account Information"). In addition to the Terms of Use and any privacy policy applicable to any of the MoreThanGrades websites, you understand and agree that MoreThanGrades may disclose to third parties, certain aggregate information contained in your registration application and to those universities or other educational institutions that purchase the data. By accepting the Terms of Use, a you consent to MoreThanGrades. com disclosure of any data collected to any third party, including, but without limitation to, higher education institutions, related businesses or appropriate requests in order for MoreThanGrades to comply with applicable laws or in legal proceedings where such information is relevant. MoreThanGrades reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by MoreThanGrades or by third parties. Please see MoreThanGrades' Privacy Policy for further details regarding your MoreThanGrades Account Information.Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, MoreThanGrades does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through MoreThanGrades.com, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider. If you cancel your MoreThanGrades.com account, all your MoreThanGrades Account Information will be deleted from MoreThanGrades.com, but will be maintained in our database. However, if you remove your profile from MoreThanGrades.com, recruiters and others who have gained access to the data previously may have already saved a copy of your profile (your MoreThanGrades Profile). MoreThanGrades is not responsible for the retention, use of, or privacy of MoreThanGrades Profiles in this situation, or while MoreThanGrades Profiles are stored in our database. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MoreThanGrades immediately of any breach of security or unauthorized use of your account. Although MoreThanGrades will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MoreThanGrades or others due to such unauthorized use. If a User registers for a two year subscription to the MoreThanGrades.com website, his or her profile will be kept active by MoreThanGrades for two years after the expected high school graduation date registered by the user.

User Content and Submissions
You are solely responsible for your MoreThanGrades Account Information, MoreThanGrades Profile, content, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on MoreThanGrades.com or transmit to other Users. By posting User Content to MoreThanGrades.com, you automatically grant, and you represent and warrant that you have the right to grant, to MoreThanGrades an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. By posting User Content to any public area of MoreThanGrades.com, including message boards, forums, contests and chat rooms, you grant MoreThanGrades and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that you own any User Content posted by you on MoreThanGrades.com and that the posting of your User Content on MoreThanGrades.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you on MoreThanGrades.com.As a Member you may submit video content ("User Videos") and textual content ("User Comments"). You acknowledge that whether or not such User Videos or User Comments are posted, MoreThanGrades, while attempting to do so, does not guarantee any confidentiality with respect to any of these submissions.Users shall be solely responsible for their own User Videos, User Comments and all other User Content and the consequences of posting or publishing them. In connection with User Videos and User Comments, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MoreThanGrades to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Videos and User Comments to enable inclusion and use of the User Videos and User Comments in the manner contemplated by the MoreThanGrades website and these Terms of Use. Users shall retain all of their ownership rights in their User Content, including but not limited to User Videos and User Comments. However, by submitting User Content to MoreThanGrades, Users hereby grant MoreThanGrades a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MoreThanGrades website and MoreThanGrades' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MoreThanGrades website (and derivative works thereof) in any media formats and through any media channels. Users also hereby grant each third party user accessing your profile on the MoreThanGrades website a non-exclusive license to access your User Content including User Videos and User Comments through the MoreThanGrades website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the MoreThanGrades Service. You understand and agree, however, that MoreThanGrades may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. In connection with User Videos and User Comments, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MoreThanGrades all of the license rights granted herein.MoreThanGrades does not endorse any User Videos and User Comments or any opinion, recommendation, or advice expressed therein, and MoreThanGrades expressly disclaims any and all liability in connection with User Videos and User Comments. MoreThanGrades does not permit copyright infringing activities and infringement of intellectual property rights on its website, and MoreThanGrades will remove all User Content and including but not limited to User Videos and User Comments if properly notified that such User Content or User Videos and User Comments infringes on another's intellectual property rights. MoreThanGrades reserves the right to remove User Content and User Videos and User Comments without prior notice. All posting done in your MoreThanGrades Profile that is your original work including, but not limited to, music, essays, photographs, art work is not available for public use or sale by MoreThanGrades.com. You maintain full rights and ownership of your personal work as stated in our Privacy Policy. MoreThanGrades acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, MoreThanGrades reserves the right to decide whether User Content or User Videos and User Comments are appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, described below. MoreThanGrades may remove such a User Video and User Comment and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. However, MoreThanGrades may review and delete any User Videos and User Comments that, in the sole judgment of MoreThanGrades, violates these Terms of Use, violates applicable law, rules or regulations, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any MoreThanGrades websites. Â MoreThanGrades reserves the right to expel Users and prevent their further access to MoreThanGrades.com for violating the Terms of Use or applicable law, rules or regulations and the right to remove User Submission which is in violation of the Terms of Use, abusive, illegal, or disruptive. MoreThanGrades may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for MoreThanGrades or may cause MoreThanGrades to lose (in whole or in part) the services of its ISPs or other suppliers. The following is a partial list of User Content that is prohibited on MoreThanGrades.com. The list below is for illustration only and is not a complete list of all prohibited User Content. Prohibited content includes content that:
1-is implicitly or explicitly offensive, such as User Content that suggests, threatens, engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2-harasses, incites harassment or advocates harassment of another group or individual;
3-involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
4-promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5-promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files;
6-contains restricted or password only access pages, or hidden pages or images;
7-displays or links to pornographic, indecent or sexually explicit material of any kind;
8-provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
9-provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or pirating any media; or solicits passwords or personal identifying information from other Users. Any MoreThanGrades Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, MoreThanGrades Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may include in your MoreThanGrades Profile any telephone numbers, street addresses, last names, URLs, email addresses or other means of contacting you.Your MoreThanGrades Profile does not take the place of any college entrance application. It does not guarantee the admittance into college and MoreThanGrades.com Users are the sole creators of their profiles. MoreThanGrades does not independently verify the information provided by Users or the identity of Users. By and through this Agreement, Users consent to allowing teachers to post student evaluation/references on their behalf with the intent of their being viewed by colleges, universities and other institutions of higher learning and, with prior consent, other third parties. Users must be aware that teacher entered information remains confidential whether the student or the teacher created the profile. Once it is entered by a teacher it cannot be removed from the User's MoreThanGrades Profile by the student. At no time will the teacher have access to a student's User profile. Likewise, information created by a teacher will typically not be viewed by a student at any time (a certainly cannot be altered in any way by the student) and will only be accessible by an academic institution in conjunction with a particular User Profile. These measures are taken to insure both the impartiality of the teacher and the inability of the student to screen/edit teacher provided information.Only teachers from a student's school are to permitted to evaluate or give academic references for the student. The MoreThanGrades website is structured such that a teacher must first enter the name of the school they teach at which will limit their evaluations to only students from that school. If a student wishes to have a teacher from outside the school they attend provide an evaluation or reference, they can upload an evaluation letter to their personal profile. The MoreThanGrades website provides the ability for a teacher to register and evaluate students by various criteria (such as, follows schools rules, etc.) The teacher may also post a comment about a student or students. That information is then stored on the MoreThanGrades.com database. The teacher never sees the student profile, nor does the student see the teacher's evaluation. Legally, a student has the right to view any teacher evaluation or reference about him or her. Typically, the student waives that right as part of the application process in order to assure impartiality by the teacher and to create a more credible reference for academic institutions to consider. In the event a student does not waive his right to review a reference/evaluation and an academic institution views a teacher generated profile of a student, notification will be provided to the student by the academic institution that the information was viewed.MoreThanGrades reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from MoreThanGrades.com and/or terminating the offending User's ability to access MoreThanGrades.com and/or use the MoreThanGrades Services. MoreThanGrades may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for MoreThanGrades or may cause MoreThanGrades to lose (in whole or in part) the services of its ISPs or other suppliers. MoreThanGrades does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. MoreThanGrades has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, MoreThanGrades may, in its sole discretion, investigate the allegation and determine whether to take any other actions, whether to remove or request the removal of the User Content. MoreThanGrades has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and MoreThanGrades.com. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. To the extent that you send MoreThanGrades suggestions, ideas, drawings, concepts, inventions, or any other information relating thereto (collectively the "Suggestions"), the Suggestions shall be the property of MoreThanGrades. None of the Suggestions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Suggestions. MoreThanGrades shall own exclusively all now known or later discovered rights to the Suggestions and shall be entitled to unrestricted use of the Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Suggestions.

Registration and Password
You are responsible for maintaining the confidentiality of your MoreThanGrades Account and passwords. You shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify MoreThanGrades of any unauthorized use of your MoreThanGrades Account or passwords.

Consent to Electronic Communications and Email Solicitations
When you register for the MoreThanGrades Services, you agree that we may provide you with information and other materials regarding products, services, and other offers from time to time as described in our Privacy Policy. Such solicitations may take the form of materials mailed to you, telephone calls, email messages or other forms. Solicitations will be made to the addresses and telephone numbers provided to us by User during the registration process.

Agent to Receive Notification/Elements of Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to any MoreThanGrades website and is accessible on such MoreThanGrades website in a way that constitutes copyright infringement, please notify us at support@MoreThanGrades.com, by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work which you claim has been infringed and a brief description of the activity that you claim to be infringing;
3. Identification of the specific location on the MoreThanGrades website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address (if you are under the age of 18 and not an emancipated minor, please provide the name of a parent or legal guardian as well);
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

MoreThanGrades's Liability
MoreThanGrades.com acts as a venue for universities and colleges to recruit and for students to post profiles/resumes and does not screen or censor the data offered. MoreThanGrades is not liable for the accuracy of information posted by Users on MoreThanGrades.com. MoreThanGrades's intention is to give access to the database to paying recruiters, or other paying third parties. as well as free of charge to colleges, universities, and other institutions of higher learning. However, MoreThanGrades cannot guarantee that others will not, without our consent, access this data. Though you may remove your profile from our database at any time, recruiters and others who have gained access to the data may have already saved a copy of your Users profile. MoreThanGrades is not responsible for the retention, use or privacy of profiles in this situation.Because user authentication on the Internet is difficult, MoreThanGrades cannot and does not confirm that each User is who he or she claims to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any MoreThanGrades website, in the event that you have a dispute with one or more Users, you release MoreThanGrades (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." MoreThanGrades.com and the MoreThanGrades content may contain inaccuracies or typographical errors. MoreThanGrades makes no representations about the accuracy, reliability, completeness, or timeliness of any MoreThanGrades website or the MoreThanGrades content. The use of all MoreThanGrades websites and the MoreThanGrades content is at your own risk. Changes are periodically made to MoreThanGrades websites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile information or material contained therein placed by you on the MoreThanGrades websites. MoreThanGrades is not to be considered to be an employer with respect to your use of any MoreThanGrades website and MoreThanGrades shall not be responsible for any higher education decisions, for whatever reason made, made by any person or entity posting a profile on any MoreThanGrades website. MoreThanGrades cannot guarantee and does not promise any specific results from use of MoreThanGrades.com or any other MoreThanGrades website. No advice or information, whether oral or written, obtained by a User from MoreThanGrades or through or from MoreThanGrades.com or any other MoreThanGrades website shall create any warranty not expressly stated herein.

Disclaimer of Warranty
MoreThanGrades does not warrant that any MoreThanGrades website will operate error-free or that any MoreThanGrades website and its servers are free of computer viruses or other harmful mechanisms. If your use of any MoreThanGrades website or the MoreThanGrades content results in the need for servicing or replacing equipment or data, MoreThanGrades is not responsible for those costs. The MoreThanGrades websites and MoreThanGrades content are provided on an "as is" basis without any warranties of any kind. MoreThanGrades, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. MoreThanGrades makes no warranties about the accuracy, reliability, completeness, or timeliness of the MoreThanGrades content, services, software, text, graphics, and links.

Disclaimer of Consequential Damages
In no event shall MoreThanGrades, its suppliers, or any third parties mentioned on any MoreThanGrades website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any MoreThanGrades website and the MoreThanGrades content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MoreThanGrades is advised of the possibility of such damages.

Limitation of Liability
MoreThanGrades's maximum liability arising out of or in connection with any MoreThanGrades website or your use of the MoreThanGrades content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.

Links to Other Sites
MoreThanGrades.com and certain other MoreThanGrades websites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by MoreThanGrades of the contents on such third-party web sites. MoreThanGrades is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any MoreThanGrades Site.

Indemnity
You agree to defend, indemnify, and hold harmless MoreThanGrades and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, actions, liabilities, losses, costs, debts or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) your use of and access to the MoreThanGrades website and its content, (ii) any User Content including User Videos or User Comments or other material you provide to any MoreThanGrades website, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Videos or User Comments Â caused damage to a third party. or (v) your breach of the terms of these Terms of Use. MoreThanGrades shall provide notice to you promptly of any such claim, suit, or proceeding. This defense and indemnification obligation will survive these Terms of Service and your use of the MoreThanGrades Website.

General
Access to the MoreThanGrades Content may not be legal by certain persons or in certain countries. If you access a MoreThanGrades.com or other U.S.-based MoreThanGrades website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of MoreThanGrades.com, a particular "Legal Notice," or software license or material on particular web pages, these Terms of Use constitute the entire agreement between you and MoreThanGrades with respect to your use of MoreThanGrades.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

Governing Law and Disputes
If there is any dispute about or involving the MoreThanGrades Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either MoreThanGrades.com or you may demand that any dispute between MoreThanGrades.com and you about or involving the MoreThanGrades Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in New York, New York, USA, provided that the foregoing shall not prevent MoreThanGrades.com from seeking injunctive relief in a court of competent jurisdiction.

Additional Terms of Use
Certain areas of MoreThanGrades.com and the other MoreThanGrades websites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Term and Termination
These Terms of Use will remain in full force and effect for the duration of you use of the MoreThanGrades.com site whether as a Member of a Visitor. MoreThanGrades.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your User content from MoreThanGrades.com and the immediate termination of your registration with or ability to access MoreThanGrades.com and/or any other services provided to you by MoreThanGrades.com, upon any breach by you of these Terms of Use or if MoreThanGrades is unable to verify or authenticate any information you submit to MoreThanGrades.com or other MoreThanGrades website registration. Even after you are no longer a User of MoreThanGrades.com, certain provisions of these Terms of Use will remain in effect.

Assignability of the Terms of Use
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MoreThanGrades without restriction.