Welcome to the Gradcart service (the "Service"). Gradcart, LLC is owned and operated by Mark Stenersen. Your use as ("the Customer") of the Service is subject to these Terms of Service ("TOS"), and all other documents incorporated by reference. Gradcart reserves the right to update and change these Terms and incorporated documents from time to time without notice or acceptance by you. Please refer to this web page to review the most current version of the TOS.
The Service provides Gradcart users with a customizable e-commerce website. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms.
When you register for the Service you will be charged a prepaid annual web hosting and maintenance fee that will provide the the Service for a 12-month cycle for a typical customer. "Typical" refers to a customer that generates up to $250,000 in orders or payments through the Service in a 12-month cycle. The 12-month cycle (the "School Year") begins in July and ends June of the following year. You will be charged an annual non-refundable fee for each domain name registered through the service. You will be charged an annual non-refundable fee for each sockets layer certificate ("SSL certificate") that is istalled through the Service.
You will be charged a non-refundable fee for custom development work that extends the functionality of the Service.
If you generate more than $250,000 in orders through the Service during the School Year, then you will need to pay an additional fee to continue using the Service for the School Year.
If you cancel the Service before the end of the annual term, your cancelation will take effect immediately. Your domain name will remain registered for its current term, but will cease pointing to your website. After cancelation, you will no longer have access to your website and all information contained therein may be deleted by Gradcart. Gradcart accepts no liability for such deleted information or content.
All content delivered to the Service by the Customer shall remain the property of the Customer. All work product arising from the Service, including but not limited to the development of hyper text markup language ("HTML"), shall be the sole property of Gradcart and available for use at its discretion.
You understand that all information, data, text, photographs, graphics, video, goods, products, services or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not Gradcart, are entirely responsible for all Content that you make available via the Service. You agree that you will not: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable; (b) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (c) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Gradcart determines, in its sole discretion, is inappropriate for sale through the Service provided by Gradcart.
You agree to indemnify and hold Gradcart, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You acknowledge that Gradcart may establish general practices and limits concerning use of the Service.
Gradcart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gradcart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Gradcart, in its sole discretion, expressly reserves the right to suspend or terminate use of the Service, for any reason, including, without limitation, if Gradcart believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Further, you agree that Gradcart shall not be liable to you or any third-party for any termination of your access to the Service.
You expressly understand and agree that: (a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Gradcart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) Gradcart will make reasonable efforts to maintain the service, however, Gradcart is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service. Gradcart does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. (c) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) no advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that in no event shall Gradcart be liable for any loss of data, loss of profits, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Gradcart has been advised of, or is aware of, the possibility of such damages.
Gradcart shall not be in default of any obligation under the TOS if the failure to perform the obligation is due to any event beyond Gradcart's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.