Terms and Conditions
Last updated: 29th of May 2018
The following are the terms of service (“Terms of Service”) that define the relationship between Peergrade Inc. (doing business as Peergrade (“Company,” “Peergrade,” “we,” or “us”)) and you, and govern your use of Peergrade’s services.
Agreeing to our Terms
Thank you for your interest in Peergrade, which owns and operates the services offered on peergrade.io and peergrade.com (“Peergrade Website”) and any associated mobile applications (“Peergrade Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).
If a student’s Educational Institution or teacher elects to utilize student accounts on a shared device (or any other devices) in the Educational Institution (e.g. a school), the Educational Institution will be responsible for obtaining any necessary parental consent under COPPA to create the student account on behalf of the student and let students access their accounts. Alternatively, a teacher may choose to allow students to set up their own account using the unique code provided by the teacher. When students set up their own Peergrade account, we ask students to provide their name, a username or email address, a password and the unique code they have been given by their teacher to connect with the class. They will use the username or email address and password to access their account instead of the Class Code. Consistent with the requirements of COPPA, before inviting the students via the Class Code the teacher has represented to Peergrade that they have obtained any necessary parental consent. We don’t require students to enter any other personal information when setting up an account – they can use a non-identifiable username.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
Using the Service
Permission to use Peergrade
As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use.
Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Peergrade Technology” and “Acceptable Use and Conduct” sections.
Your Information and Content
In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, photos, videos, music, messages sent between students and teachers, and feedback), which may be used by Peergrade in connection with the Service and which may be visible to certain other users (collectively “User Submissions”).
You retain all ownership rights you have in any User Submissions. Peergrade does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us.
The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like photos or videos) (“IP content”)), you or your Institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others, and they have not deleted it.
Please see our deletion FAQs for more information. When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others).
Your Responsibilities and Peergrade Rights
You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are responsible for ensuring your User Submission complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of user (e.g., teacher, administrator, or student). When you include User Submissions, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Peergrade is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Peergrade cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Peergrade and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.
Analyzing User Submissions
Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. As an example we determine which feedback rubrics to show you based on the grade level or subject you teach. This analysis occurs as the content is sent, received, and when it is stored. Peergrade will not analyze any personal information contained in Educational Records for the purpose of providing behaviorally-targeted advertising to students. The foregoing shall not be construed to (i) prohibit Peergrade from marketing or advertising directly to teachers so long as the marketing or advertising did not result from the use of personal information contained in Educational Records to provide behaviorally-targeted advertising or (ii) to limit the ability of Peergrade to use Educational Records for adaptive learning or customized student learning purposes.
We always appreciate your feedback or other suggestions about Peergrade, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Privacy and Security
Additional Terms by User Type
- Students: if you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.
- Invitation and Account Creation: Only students who have been invited, or given access to the Service, by their teacher, school or district may use the Service. You may not access or use the Service unless you are invited or given access to the Service by (i) a teacher, school, or district who is authorized to give you access to the Service (including creating your student account on your behalf or giving you a unique code to allow you to set up your own account)
- Information Provided to Peergrade: We request minimal personal information to be provided from students to use the Service. If you want a student account on Peergrade, you will need to have the student account created at school by your teacher (only after the teacher represents to Peergrade that they have obtained any necessary parental consent) or receive a unique code from your teacher to create your own account with a username and password. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you use the Service or as directed by your teacher, school, or district
- Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent is obtained by a student’s teacher, school, or district when the teacher, school or district is setting up the student’s account or otherwise allowing students to access Peergrade from school (“School Consent”). Any student account (or access to a student account) created for the student by the student’s teacher in class, or the student directly, are linked together (these are not different accounts, but rather the same singular account). Children under the age of 13 are prohibited from using the Service without Consent.
- Teachers and school leaders: if you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the Service on behalf of a school, school district, or other similar educational institution (the “Institution”), the following terms apply to you:
- Permissions and Authority: You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution’s behalf. The School Personnel is responsible for obtaining any necessary approvals from their school’s authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member’s employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Peergrade immediately at firstname.lastname@example.org.
- Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent and you understand that we will not let children under the age of 13 use certain features of the Service unless you obtain School Consent in situations where you set up the child’s student account on their behalf. Peergrade will not provide use of student accounts to children under the age of 13 if we are unable to obtain Consent or learn that you have not obtained School Consent. You agree that you will not knowingly create a child’s student account on their behalf until you have obtained School Consent.
- School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that Peergrade is not responsible) for 1) providing all required notices to parents under COPPA; 2) obtaining parental consent under COPPA; and 3) providing a means for a parent to review any personal information collected through the Service and refuse to permit its further use as required by COPPA. This includes without limitation, limiting access to the Service to those student users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a parent user does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Peergrade to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. For more information on School Consent please see our FAQ. Under no circumstances will Peergrade be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required.
Peergrade understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Certain information that may be provided to Peergrade by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information (“PII”) from an eligible student’s education records to a third-party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).
As School Personnel or an Institution providing Directory Information or any Education Record to Peergrade, you represent, warrant and covenant to Peergrade, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Peergrade; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.
It is important that School Personnel not provide information to Peergrade from any student or parent that has opted out of the disclosure of Directory Information. Peergrade depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared with Peergrade. Peergrade is not in a position to provide legal advice regarding whether the school’s existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school’s own legal counsel for more information.
Peergrade may use Directory Information and Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Peergrade agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Peergrade will abide to the following:
- Student records obtained by Peergrade from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Peergrade.
- Peergrade users may retain possession and control of their own generated content.
- Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, Peergrade users may access, correct, update, or delete personal information in their profile by signing into Peergrade, accessing their Peergrade account, and making the appropriate changes.
- Peergrade is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions:
- we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities;
- we conduct background checks on our employees that may have access to student data;
- we conduct regular employee privacy and data security training and education; and
- we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
- In the event of an unauthorized disclosure of a student’s records, Peergrade will promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify:
- the date and nature of the unauthorized use or disclosure;
- the Private Data used or disclosed;
- general description of what occurred including who made the unauthorized use or received the unauthorized disclosure;
- what Peergrade has done or shall do to mitigate any effect of the unauthorized use or disclosure;
- what corrective action Peergrade has taken or shall take to prevent future similar unauthorized use or disclosure; and
- who at Peergrade the User can contact. Peergrade will keep the User fully informed until the incident is resolved.
- Peergrade will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
- Peergrade agrees to work with educational institution to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described above.
- Peergrade prohibits using personally identifiable information in student records to engage in targeted advertising.
The Service and the Peergrade Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Peergrade Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Peergrade proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Peergrade Marks. “Peergrade Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Peergrade.
Peergrade Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Peergrade Technology. You agree that, as between you and Peergrade, all the intellectual property rights in the Peergrade Service and Peergrade Technology, which does not include User Submissions (as defined above), are owned by Peergrade or its licensors. These terms do not grant you the right to use any Peergrade Marks.
You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Peergrade Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Peergrade Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.
You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
Company may, now or in the future, incorporate certain functions that allow teachers and administrators to interact with the Service through your accounts on certain supported third-party social networks or network storage sites, such as with “Like” and “Share” buttons, features allowing you to register on Peergrade through social networks or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively “Linked Accounts”). If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
Third-party Applications and Integrations
If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces (“APIs”) for your convenience, (“Third-Party Applications”), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Submissions, or any other data or content stored on the Peergrade Service, to such Third-Party Applications, including through any Peergrade API’s. Peergrade shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Submissions, resulting from any such access by Third-Party Applications.
If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content (“Third-Party Application Created Content”) to your account on Peergrade, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music and as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of Peergrade with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Submissions or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Peergrade regarding Third-Party Applications.
Payment and Renewal
In addition to our Free account, we offer paid accounts and services such as Basic and Pro plans. All paid accounts are available on the Website as an “Upgrade.” By selecting an Upgrade you agree to pay Peergrade the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Peergrade within three (3) business days prior to the end of the applicable subscription period that you want to cancel an Upgrade your subscription will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in your account page by downgrading to a cheaper plan.
When a paying customer decides to change their current plan to a more expensive plan. For this example, let’s assume that Alice subscribed to the Basic plan with 30 students ($60/year) on January 1st, and that on January 15th she decides to upgrade to the Pro plan ($150/year). We refund Alice for her 350 remaining days on the Basic plan (about $57.53). We charge Alice for one 350 days of the Pro plan ($143.83). The total charged will be around $86.30 for the upgrade. On January 1st the next year, her plan will auto-renew as a Pro plan ($150/year). Alice can cancel at any time, in which case her plan will not auto-renew and Peergrade will not charge her again.
When a paying customer chooses to change their plan from a more expensive plan to a less expensive plan. For this example, let’s assume that Barbara subscribed to the Pro plan with 30 students ($150/year) on January 1st, and that on January 15th she decides to downgrade to the Basic plan ($60/month). In this case we will add what constitutes around $143.83 as Peergrade credits (see below) to Barbara’s account. These credits will be available when making a new Upgrade at a later stage but will remain on Barbara’s account until used.
Peergrade credits have no currency or exchange value, are non-transferable and non-refundable, and will expire following the termination of your account with Peergrade.
All purchases are final and non-refundable including all renewal fees. Peergrade does not provide refunds for accounts that are renewed, automatically or otherwise. If you are on a Monthly or Annual billing plan, you can cancel your subscription at any time and you will continue to have access to your paid features on your account through the end of your billing period.
One-time charges and Add-on paid features
One-time charges such as add-on paid features are non-refundable. If you’ve made a purchase by accident or believe you deserve a refund for a one-time charge, please contact Peergrade support directly.
Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
Peergrade will not change how personally identifiable information is used or shared under these Terms of Service without advance notice and consent from a School Official or Institution.
Your Representations and Warranty
You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for compliance with COPPA when obtaining School Consent.
Acceptable Use and Conduct
We do our best to keep Peergrade safe, but we cannot guarantee it. We need your help to keep Peergrade safe, which includes the following commitments by you when using our Service:
- You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
- You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
- You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
- You will not upload viruses or other malicious code, files or programs.
- You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
- You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
- You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
- You will not post or approve any User Submission or use the Service in a manner that infringes, violates or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
- You will not post or approve content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users’ content or information, or otherwise access the Service, – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved.”
- You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
- You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Peergrade.
- You will not impersonate a Peergrade employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submission, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Peergrade absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
- You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Submission, the prior written consent of such user.
- You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, Peergrade TECHNOLOGY OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PEERGRADE TECHNOLOGY, SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEERGRADE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM PEERGRADE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PEERGRADE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS OR AGENTS (“COMPANY PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PEERGRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL PEERGRADE OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Registration and Security
As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information (“Company User ID”). You must provide Company with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant and covenant all registration information you submit is truthful and accurate. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password or class code and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID, password or class code, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Peergrade or another party due to someone else using your Company User ID, password, or class code.
You expressly agree to (a) immediately notify Peergrade of any unauthorized use of your account or any other breach of security of your account or a child’s personal information, and (b) ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant all registration information you submit is truthful and accurate.
You will indemnify, defend, and hold Company, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third-party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.
Peergrade reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Peergrade. Peergrade will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
It is Peergrade’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to Peergrade’s DMCA Notification Guidelines. Peergrade may remove any allegedly infringing content without any liability to you. Peergrade will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. Peergrade, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
Third Parties and User Interactions
Content from other users and third parties, including, information about third-party products and services, is made available to you through the Service (“Third-Party Content”). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Peergrade has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
User Disputes. Peergrade is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserves the right, but have no obligation, to become involved in any way with these disputes.
Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use , privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Service or your account at any time using https://peergrade.gdprform.io/ – parents, you can also terminate your child’s account the same way, although we will need to verify your identity. Please see our FAQ for what information is deleted when you terminate or delete your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- You’re in breach of these Terms,
- You’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- You’re in material breach of these Terms,
- Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- We’re prohibited from doing so by law.
- Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
- Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
- Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: Peergrade Inc., 548 Market St #58941, San Francisco, California 94104-5401, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
- Fees: In the event that you commence arbitration in accordance with these Terms of Service, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. For information about how to contact Company, please visit our about page.