The FreshGrade Pledge

At FreshGrade, data security and user privacy are our number one priority. The following core beliefs guide our decisions around data, security, and technology:

  • FreshGrade does not sell, use or share individual user data or content for advertising or other similar purposes.

  • FreshGrade uses non-personally identifiable data in aggregated form internally for analytics and product development.

  • FreshGrade uses personally identifiable data internally for customer service and technical support.

  • FreshGrade terms include provisions to share data and content with authorized stakeholders like students, parent, teachers, and administrators.

  • FreshGrade does not own any content or data related to a district, school, teacher, parent or student. Users own their content and data.

If you have any questions, please contact us at care@freshgrade.com or security@freshgrade.com.

 

FreshGrade Privacy Policy

This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide to FreshGrade Education Inc., doing business as FreshGrade (“FreshGrade”). Please be sure to read this entire Privacy Policy before using or submitting information with FreshGrade. This Policy applies if you’re using our mobile application, or if you’re visiting our web site at www.freshgrade.com (together, the “FreshGrade Service”)

This Privacy Policy is incorporated into the FreshGrade Terms of Use by reference. In addition to reviewing our Privacy Policy, you should also read the FreshGrade Terms of Use (see below). Your use of the FreshGrade Service constitutes your agreement to the terms and conditions in this Privacy Policy. Whenever you submit information via this site or application, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You may withdraw your consent at any time by contact FreshGrade’s privacy officer at care@freshgrade.com. However, you should be aware that if we do not have the necessary consent to allow us to collect personal information in connection with your account, we may not be able to deliver some or all of the components of the FreshGrade Service for that account.

If required by applicable law in the jurisdiction where you are located or by agreement with us, we will not store or permit access to your personal information outside of the jurisdiction where you are located, except with your consent and then only to the extent permitted by that applicable law. Except as aforesaid, your personally identifiable information will be stored and processed in Canada, in full compliance with the British Columbia Personal Information Protection Act (PIPA), the Canada Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, the British Columbia Freedom of Information and Protection of Privacy Act (FOIPPA) and the U.S. Family Educational Rights and Privacy Act (FERPA).

What is Personal Information?

Personal information is information that about an identifiable individual and includes information which specifically identifies an individual, such as a name, address, telephone number, email address, or other account number, and information about that individual’s activities when directly linked to that person, such as information about his or her use of the FreshGrade Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or users, from which individual user identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor the FreshGrade Service.

Children’s Information

If you under the age of majority applicable in the jurisdiction where you are resident, you may only use the FreshGrade Service and disclose information to us with your parent’s or guardian’s express consent. Please carefully review this Privacy Policy with your parent or guardian and make sure you understand it. We collect personal information through the FreshGrade Service from a child under 13 where that student’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us for use with the FreshGrade Service. If you are a child under 13, please do not send any personal information about yourself if such parental consent has not been obtained. Further, please do not send any personal information other than what is necessary to participate in the FreshGrade Service.

In the event that FreshGrade learns that it has collected personal information from a child under age 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that FreshGrade might have any information from or about a child under 13 in violation of this paragraph, please contact FreshGrade’s privacy officer at care@freshgrade.com.

How We Collect Information

We collect personal information in a number of ways when you visit the FreshGrade Service. For example, we collect registration and account information from teachers, parents and students, which may include your name, username, email address, phone number, profile picture, school affiliation and location. We also collection personal information when you (1) download the mobile software application, (2) send an invitation, (3) ask others to collaborate on your classroom or (4) contact us by email or otherwise for any reason.

When you visit the FreshGrade Service, some information is also automatically collected, such as your computer’s Internet Protocol (IP) address, your mobile device id, your computer’s operating system, the browser type, the address of a referring website, and the time and date of your visit and purchases. Some of this information may be automatically collected through the use of “cookies” which are discussed in more detail below. We also collect various types of “clickstream” information which is information about your browsing behavior, such as entry and exit points for the FreshGrade Service, search terms, website addresses you visit, page views, and impressions. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. If you are under 13, we treat this information as personal information, whether or not it is combined with any other identifying information. Notwithstanding the above, we do not ask you for, access or track any geographic-location-based information from your mobile device at any time while downloading or using our mobile applications.

Cookies are small text files placed on your hard drive by a website when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the FreshGrade Service, the network knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can complete transactions you have requested and improve and personalize the FreshGrade Service experience by seeing which areas and features are most popular. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of the FreshGrade Service available to the general public but you may not be able to use some of the network’s features or services, and you may have a less satisfactory experience.

How FreshGrade Uses and Shares Information About You

We try to provide you with the information you need to make informed, reasonable choices with respect to how the FreshGrade Service uses or shares your information. FreshGrade uses and shares personal information from you in several ways:

  1. General Services. We will use information we have collected about you to provide the FreshGrade Service, which requires sharing your personal information with other users. If you are a teacher, you will be able to collect, review, and edit information about the students in your classroom. Each student and his or her parent will only have access to view or submit information relative to that student. Students (and their parents) will not be able to view or otherwise access the personal information of other students. As part of our services, we may use your information to communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies.
  2. Children’s Personal Information. We use children’s personal information for creating a student’s individual account (which will identify you within your classroom), customizing the FreshGrade Service for you, and for sending you notifications via the FreshGrade Service from your teacher, school, district, other students, and from FreshGrade (regarding your use of the FreshGrade Services). Please note that a student’s parent or guardian, as well as a student’s teacher and an administrator from his or her school and/or district, can view all activity and content associated with such student account, including such child’s personal information.
  3. Aggregate Data. We will share aggregated and anonymized data (in a non-personally-identifiable format) with other students, parents, teachers, and school administrators so such individuals can look at statistical data related to students in a particular classroom, school, district, or geographic location. We may also share aggregated and anonymized information about you (in a non-personally-identifiable format) in order to customize and improve the FreshGrade Services.
  4. Improve Our Services. We may use information we have collected about you to optimize or improve our products, services and operations. We may use information we have collected about you to detect, investigate and prevent activities that may violate our policies or be illegal.

We try to limit the collection of personal information to the amount and type of information that is reasonably necessary to fulfill the purposes identified in this Privacy Policy.

Sharing of Your Information in Other Circumstances

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of FreshGrade, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any proposed or actual merger, sale of company assets or acquisition or to a future parent or subsidiary company of FreshGrade or its successors.

Third Party Services

You may access other third party services, such as DropBox, Google Drive, YouTube, and other websites (“Third Party Services”), through the FreshGrade Service in order to share certain content selected and approved by you with those services, and/or to import information about you and information about people you are connected with on those services. Some Third Party Services may also provide us with information from your accounts to enhance and personalize your use of the FreshGrade Service.

Links to Other Websites

The FreshGrade Service may contain links to other websites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. Except as described above, we are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from the FreshGrade Service to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Our Security Practices

Except as otherwise set forth in this Privacy Policy, our internal data security policies restrict access to customers’ personal information to authorized employees or contractors for FreshGrade business purposes only. Our employees and contractors are bound by FreshGrade policies that require them to maintain the confidentiality of users information. Employees and contractors who violate these requirements are subject to disciplinary action, up to and including termination and further legal action. We maintain physical, electronic, and procedural safeguards that are designed to guard our users’ personal information. All data in transit is encrypted. Further, your account information is protected by a password for your privacy and security. Protecting passwords and limiting access to your computer and browser by signing off after accessing your account is your responsibility.

Control of Personal Information

We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information. If you are a parent or guardian of a student under the age of 13, you may contact us at any time to review your child’s personal information, direct us to delete it, or to prohibit any further collection or use of your child’s information. However, we will retain and use your or your child’s information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

To contact us directly regarding canceling your account or correcting or removing other personal information, please email us at care@freshgrade.com.

Site Development

The FreshGrade service is under continuous development and testing. The FreshGrade service may contain bugs and other errors that could adversely affect the use or performance of the FreshGrade service. Issues or errors of this nature may impact our ability to comply with this privacy policy.

Your Comments or Concerns

We welcome your feedback. If you have any comments or concerns about this privacy policy or would like to contact us for any reason, you may reach us at info@freshgrade.com.

Data Changes

If you terminate your account or delete/change your data or content, we usually update our live databases immediately. However, some data may update more slowly or may be impossible to update and remove, and some old data may remain in our archives and records. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.

Our Privacy Policy Will Change Over Time

Because we continue to develop the FreshGrade Service and take advantage of technologies to improve the services we provide, our policies will change over time. We will attempt to notify registered users of any material changes in the Privacy Policy by sending an email to the user’s registered email address and posting a notice on our website homepage and login page; it is your responsibility to check for updates to the Privacy Policy and any such update shall be effective even if you do not receive notice of such update. If you do not consent to the updated Privacy Policy, you can discontinue use of the FreshGrade Service. Your continued access and use of the FreshGrade Service will constitute your acceptance of any changes or revisions to our Privacy Policy.

Fresh Grade is an unregistered trademark of FreshGrade Education Inc.

Last updated: April 22, 2015.

Terms of Service

Acceptance of Terms of Service

The following sets forth the agreement (this “Agreement”) between you and FreshGrade Education Inc., doing business as FreshGrade (with its affiliates, “FreshGrade,” “we” or “us”) under which you may use FreshGrade’s website located at www.freshgrade.com (the “Website”) and all linked pages owned and operated by FreshGrade, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and FreshGrade’s mobile application (the “Mobile Application”), and all other elements of the FreshGrade service and other materials that are provided by or in connection with the FreshGrade service (collectively, the “FreshGrade Service”).

The term “you” refers to you whether you are a “Visitor” (which means that you simply browse the FreshGrade Service), you are a “Teacher” (which means that you set up a classroom to assist you with classroom organization and student assessment ), a “School” (which means you are a school district or individual school that wants to facilitate its teachers creating classrooms and connecting with students and parents), a “Student” (which means you have been invited by your Teacher to join the classroom to share and receive information about homework assignments, grades, and other school-related information), or you are a “Parent” (which means you are the parent or guardian of a Student in a classroom and have been invited by such child’s Teacher to join the classroom to share and receive information about homework assignments, grades, and other school-related information).

Use of and membership in the FreshGrade Service is void where prohibited. By using the FreshGrade Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with this Agreement; (c) you acknowledge reading and agreeing to the terms of the FreshGrade Privacy Policy (www.freshgrade.com/privacy-policy); (d) all registration information you submit is truthful and accurate; (e) you will maintain the accuracy of such information; (f) your use of the FreshGrade Service does not violate any applicable law or regulation; (g) your FreshGrade account has not been suspended or disabled in the past. If you are representing an entity, by using the FreshGrade service, you are certifying that you are authorized to legally bind the entity to this agreement. If you under the age of majority applicable in the jurisdiction where you are resident, you may only use the FreshGrade Service and disclose information to us with your parent’s or guardian’s express consent.

You can review the most current version of this Agreement above. The most current version will supersede all previous versions. By continuing to use the FreshGrade Service after changes are made, you agree to be bound by such changes.

Description of FreshGrade Service

FreshGrade empowers teachers, parents, and students to be partners in the education journey.

Teachers can capture, document and communicate learning in a way that traditional reporting can’t. The learning moments that are captured through videos, pictures, audio clips and notes, can be shared with parents in real-time. All of which is documented in a secure, individual digital portfolio for each student.

Parents now have a window into their child’s learning through FreshGrade’s dedicated parent app and can track the progress of their child’s learning. Through their account, parents can view and comment on their child’s digital portfolio – providing encouragement and support well ahead of scheduled reporting cycles.

Through the dedicated Student app, students are empowered to take greater ownership of their learning. They can log-in and view their digital portfolio, self-reflect on their work and work collaboratively with their teachers and parents to achieve their learning goals.

Eligibility

The FreshGrade Service is available to Visitors, Teachers, Parents, and Students. You must be at least 18 years old to download the Mobile Application and/or use the FreshGrade Service. If you are not at least 18, you may download the Mobile Application and/or use the FreshGrade Service only in conjunction with, and under the supervision of, your parent or guardian. We require that any Student that is under the age of 13 submit verifiable parental permission prior to using the FreshGrade Service as described in more detail below. If you do not qualify, you may not download or use the FreshGrade Service.

Each Teacher and/or School must obtain written parental consent from a Student under the age of 13 prior to storing or sharing any information about that Student on the FreshGrade Service or inviting the Student to access and use the FreshGrade Service. In connection with obtaining such consent, each Teacher and/or School must also notify the Parent that the FreshGrade Service will be collecting personal information from their child with a link to FreshGrade’s privacy policy. Each Teacher and/or School must store such consent for as long as such Student’s information is included in the FreshGrade Service or until the Student is 18 (whichever is earlier). Each Teacher and/or School shall indemnify and hold FreshGrade harmless from any and all claims that arise from failure to obtain the proper parental consent.

Parents and Students may only use and access the FreshGrade Service with permission of your school or school district. Your school or school district may impose additional policies regarding the use of the FreshGrade Service, which you must comply with.

Provided that you otherwise fully comply with the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to download the Mobile Application and use the FreshGrade Service.

Restrictions

Except as expressly authorized herein, you agree to the following restrictions:

(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Mobile Application or the FreshGrade Service except as expressly provided in this Agreement.

(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Mobile Application or the FreshGrade Service or create derivative works based on the Mobile Application or the FreshGrade Service.

(c) You agree that you shall only use the Mobile Application or the FreshGrade Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Mobile Application or the FreshGrade Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

(d) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Mobile Application or the FreshGrade Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the FreshGrade Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the FreshGrade Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the FreshGrade Service.

(e) You may only access the FreshGrade Service for your own personal school-related purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the FreshGrade Service for any other purpose.

We reserve the right to discontinue any aspect of the Service at any time.

Other Charges

In connection with your use of the FreshGrade Service, you may be subject to charges imposed by your broadband, wireless or other applicable carriers. Payment of such charges is solely your responsibility.

Electronic Communications

By downloading and/or using the FreshGrade Service, you consent to receiving electronic communications and notices from FreshGrade. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Ownership

You agree that use of the FreshGrade Service does not constitute any basis for ownership of the FreshGrade Service and that FreshGrade, its affiliates or its licensors own all legal right, title, and interest in and to the FreshGrade Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of FreshGrade on the FreshGrade Service (specifically excluding any User Content (as defined below) (collectively, “FreshGrade Content”)). The FreshGrade Service and all of the FreshGrade Content, and the selection and arrangement thereof, are protected by the copyright laws and other intellectual property laws. We reserve all rights not expressly granted herein in and to the FreshGrade Service and FreshGrade Content. Unless otherwise noted, the FreshGrade name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the FreshGrade Service are the property of FreshGrade, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the FreshGrade Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the FreshGrade Service or any of the FreshGrade Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the FreshGrade Service or FreshGrade Content.

User Content

You are solely responsible for any content that you create, transmit, or display while using the Services.

The FreshGrade Service may, now or in the future, permit the submission of user content including text, files, images, videos or other materials and content by you (“User Content”). FreshGrade does not endorse or approve any User Content that you or other users contribute or post. FreshGrade respects the intellectual property rights of others. You must have the legal right to upload any User Content to the FreshGrade Service. You may not upload or post any User Content to the FreshGrade Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.

By posting your User Content, you do not lose any ownership rights you may have to it. FreshGrade may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering such aggregated information to third parties in connection with operating, accessing and marketing the FreshGrade Service. No personally identifying information will be available to third parties in such aggregated information.

You also grant each user of the FreshGrade Service a non-exclusive license to access your User Content through the FreshGrade Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the FreshGrade Service (subject to the privacy restrictions in the FreshGrade Service and any copyright notices you include in your User Content) and under this Agreement.

You agree that FreshGrade may use your feedback, suggestions, or ideas in any way, including in future modifications of the FreshGrade Service, other products or services, advertising or marketing materials. You grant FreshGrade a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to FreshGrade in any way. FreshGrade will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Public Content and Third Party Services

The FreshGrade Service may, now or in the future, allow for users to use the FreshGrade Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the FreshGrade Service.

The FreshGrade Service may contain links to other third party websites, advertisements, or programs that are not controlled by or affiliated with FreshGrade. FreshGrade is not responsible for the content, offers or privacy policies of such third party sites and programs. Your dealings with third party sites are between you and the applicable third party.

Accounts; Passwords; Security

You will need an account in order to use the FreshGrade Service as a Teacher, School, Parent or Student. You may not use another person’s account without permission. When you are setting up your account, you must give us accurate and complete information and you will be asked to provide a password and/or personal. You are responsible for your account information and password. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. You may not share your FreshGrade account password with any other person for any reason. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the FreshGrade Service infringe your copyright, you may request removal of those materials (or access thereto) from the FreshGrade Services by contacting FreshGrade at the following email: care@freshgrade.com and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good-faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

Disclaimers; No Warranties

The FreshGrade service and any third-party media, software, services, materials or applications made available in conjunction with or through the FreshGrade service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, FreshGrade and its affiliates, licensors, suppliers, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

FreshGrade and its affiliates, suppliers and partners do not warrant that the functions contained in the FreshGrade service will be uninterrupted or error-free, that any defects will be corrected, or that the FreshGrade service or the server that makes it available is free of viruses or other harmful components.

FreshGrade, and its licensors, suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of the FreshGrade service in terms of its correctness, accuracy, reliability, or otherwise. You (and neither FreshGrade nor its suppliers and partners) assume the cost of any necessary servicing, repair, or correction. You understand and agree that you download, purchase, or otherwise obtain media, materials, or other data through the use of the FreshGrade service at your own discretion and risk and that you will be solely responsible for any damage to your equipment, wireless device or loss of data that results from such material or data.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Indemnification; Hold Harmless; Release

You agree to indemnify, hold harmless and release FreshGrade, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the FreshGrade Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the FreshGrade Service. FreshGrade reserves the right, at our own 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.

Limitation of Liability and Damages

Under no circumstances, including, but not limited to, negligence, shall FreshGrade or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers, be liable to you or to any third party for any special, punitive, indirect, incidental, consequential, or exemplary damages that result from your use of or inability to use the FreshGrade service or any cause of action arising hereunder, even if FreshGrade or a FreshGrade authorized representative has been advised of the possibility of such damages.

In no event shall FreshGrade or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms of service or your use of the FreshGrade service (whether in contract, tort, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the FreshGrade service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, FreshGrade’s liability will be limited to the extent permitted by law.

Notwithstanding the foregoing, in no event shall FreshGrade, regardless of the cause of action, have any liability for any damages incurred by reason of any products or services sold or provided to you by third parties other than FreshGrade and received by you through or advertised on the FreshGrade service or received by you through any links provided on the FreshGrade service.

FERPA

Please be aware that the FreshGrade Service and all User Content may be subject to the U.S. Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy interests of students in their education records. It generally prohibits the disclosure of a student’s personally identifiable information from education records without the consent of the parent or eligible student. An eligible student is one who reaches the age of 18 years old and/or attends a postsecondary educational institution, in which case the rights of the parent transfer to the student. Generally, FERPA also gives Parents or eligible students the right to inspect and review the student’s education records, request that a school correct records which they believe to be inaccurate or misleading, consent (or withhold consent) to a school releasing any information from a student’s education record absent certain circumstances. A more detailed overview of FERPA can be found at the website for the U.S. Department of Education at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Mobile Application Provider

In the event you are using the FreshGrade Services in connection with a mobile device and an application (an “Application”) accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each an “Application Provider”). You acknowledge and agree that:

  1. This Agreement is concluded between you and FreshGrade, and not with the Application Provider, and FreshGrade (not the Application Provider), is solely responsible for the Application.
  2. The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
  3. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FreshGrade.
  4. The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, FreshGrade will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  6. The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.
  7. You must also comply with all applicable third party terms of service when using the Application.

Governing Law

Any such use of the Mobile Application and/or the FreshGrade Service, and any materials contained therein, may not be lawful by certain persons or in certain territories. You are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

Waiver

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Right to Terminate

Your rights under this Agreement will automatically terminate without notice from FreshGrade if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the FreshGrade Service and FreshGrade may immediately restrict your access to the FreshGrade Service.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by FreshGrade as set forth above.

TERMS OF USE

Prohibited Content

Any content displayed and/or processed utilizing the System shall not contain any of the following:

  • content that infringes a third party’s rights (e.g., copyright) according to applicable law;
  • pornographic content;
  • excessively profane content;
  • hate-related or violent content;
  • content advocating racial or ethnic intolerance;
  • content intended to advocate or advance computer hacking or cracking;
  • content related to or enabling Gambling;
  • content relating to other illegal activity, including without limitation
  • illegal export of controlled substances or illegal software or drug paraphernalia;
  • phishing;
  • malicious content; or
    other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions

In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, Client may not and may not allow any third party, including Authorized Users of Client, to:

  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content through or using the System;
  • Use the System to conduct or forward pyramid schemes and the like;
  • Transmit content using the System that may be harmful to minors;
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent Client or the source of any email;
  • Transmit another party’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Use the System to violate the legal rights (such as rights of privacy and publicity) of others;
  • Promote or encourage illegal activity;
  • Interfere with other users’ enjoyment of the System;
  • Sell, trade, resell or otherwise exploit the System for any unauthorized commercial purpose;
  • Modify, adapt, translate, or reverse engineer any portion of the System;
    Remove any copyright, trademark or other proprietary rights notices contained in or on the System;
  • Reformat or frame any portion of the web pages that are part of the System ‘s administration display;
  • Use the System in connection with illegal peer-to-peer file sharing;
  • Display any content on or through the System that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
  • Modify the FreshGrade logo or any other FreshGrade marks; orUse the System, or any interfaces provided in connection therewith, to access any FreshGrade products or services in a manner that violates the Agreement or other terms and conditions for use of such FreshGrade products or services.

Contact

FreshGrade is located at #301 – 1447 Ellis Street Kelowna, British Columbia, Canada V1Y 2A3. Contact us by email: care@freshgrade.com

FreshGrade is an unregistered trademark of FreshGrade.

Effective Date: October 1, 2015

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