At Grasp, we want to protect your legal rights as a user, subscriber and student, as well as legals rights as a services company. That is why we’ve created these Terms and Conditions. Please read them carefully to understand your responsibility as a user, as well as our responsibility to you as a provider.
Terms and Conditions
BY POSTING A MESSAGE OR OTHERWISE ACCESSING THE WEBSITE, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, PLEASE DO NOT USE THIS WEBSITE IN ANY MANNER.
These Terms may be changed by The Company at any time with or without notice. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. The Company will post any changes to these Terms on this page, make an announcement on the websites or notify you via email, so that you are always aware of the current Terms. Your continued use of the Website means that you have accepted the updated version.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
1. CONDUCT AS A USER
Unless otherwise expressly provided in these Terms, the content and services on this website are for your personal, informational, and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such content or services without written permission from The Company.
As a user on The Company’s Website, you will represent yourself accurately and truthfully at all times. You grant The Company the right to independently verify any information that you post on our website about yourself, although The Company does not routinely undertake any verification. The Company reserves the right to constitute classes of users of the website, granting access to certain areas of the website only to certain users.
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You may also choose a password and a user name. You are responsible for maintaining the confidentiality of any password(s) you are given to access any part of the website, and you are fully responsible for all activities that occur under your password(s). You agree to notify The Company immediately of any unauthorized use of your password(s). The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by The Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You are advised to seek professional advice before relying on the information on the websites. Under no circumstances will the Company be held liable for loss or damage of any kind incurred in relation with use or exposure to any content on the websites, whether posted, emailed, accessed, transmitted, or otherwise made available, including buT not limited to any errors or omissions of any kind. The Company does imply or make any guarantees in relation to the use of it’s content or services.
The Company does it’s best to provide true and accurate information and excellent learning materials, but does not imply or guarantee in any way that You will become a master, expert or paid professional, or pass any exam, or receive any certification, or accomplish any other goal as a result of becoming a member, or accessing our content.
You agree not to upload, post or otherwise transmit via the website any information that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to The Company or other users of the website; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services (e) violates or infringes anyone’s intellectual property or other rights; (f) impersonate any person or entity, including without limitation any employee or representative of Company; (g) run Maillist, Listserv, any form of auto-responder, or “spam”, or any processes that run or are activated while you are not logged on to the websites, or that otherwise interfere with the proper working of or place an unreasonable load on the websites infrastructure; (h) decompile, reverse engineer, or otherwise attempt to obtain the source code of the websites; (i) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; falsify the origin or source of software or other material contained in a file that is uploaded; (k) advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or (l) download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
The Company reserves the right to terminate your use of the websites for any reason, including but not limited to the reason for violating these terms.
Users must be of legal age in order to use this website. The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and The Company for violations of these Terms. You may also be subject to additional terms and conditions that may apply when you use our other services, third-party content or third-party software.
You are responsible for any withholding, filing or reporting of all tax, duties and/or other governmental assessments related to your activity with the website.
2. YOUR INFORMATION
“Your Information” includes any information you provide to us, including, without limitation, any information you provide during registration, in any public message area or public forum, or through any email feature.
You are solely responsible for Your Information. We have no obligation to monitor the Website. We may, however, take any action we deem necessary and appropriate in our sole discretion if we believe Your Information creates a risk of liability to The Company. The Company may, at its sole discretion, remove or disable access to material on the website that infringes on the rights of third parties or is otherwise harmful to The Company. The Company may also, at its sole discretion, terminate your access to the website at any time for any or no reason, with or without notice.
By placing any content on the website that contains images, photographs, graphics or pictures ("Images"), You represent and warrant that: (a) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the website; (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
The Company reserves the right at all times to disclose any information as The Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Company’s sole discretion.
The Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Website, email@example.com.
To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. CONTENT OWNERSHIP
All Content (defined below) used and displayed on the website or available through The Company’s services are the property of The Company or its licensors and are protected by United States and international copyright, trademark, and other laws. “Content” means any information, mode of expression, or other materials or services found on the website including, without limitation, message boards, software, writings, graphics, and any and all other features found on the website. In addition to The Company’s and its licensor’s or supplier’s rights in individual elements of the Content within the website, The Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
Except as expressly authorized in writing by The Company or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software The Company discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
Unless The Company has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to The Company in connection with this website or The Company’s business (“Submissions”) will be deemed to be provided to The Company on a non-confidential and non-proprietary basis and will become and remain the property of The Company. The Company shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that The Company shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. No compensation will be paid with respect to the use of your Submissions.
You agree to indemnify, defend and hold The Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your Information or Your Submissions, Your use of the website, including any use by Your employees, Your connection to the website, Your violation of the Terms, or Your violation of any rights of another.
Through the website, you may obtain access to certain confidential information of The Company and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. The Title to Confidential Information remains with The Company and its suppliers.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from The Company, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; or (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it as can be evidenced by written records.
5. DOCUMENTS AVAILABLE ON THE WEBSITE
The Company grants you permission to use documents (such as FAQs, white papers, datasheets, articles, and press releases) available on the website (collectively, “Documents”), provided that: (a) you will not modify the Documents; (b) your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (c) you will display the below copyright notice and other proprietary notices on every copy you make; and (d) you agree that The Company may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from The Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE DOCUMENTS ARE PROVIDED “AS IS” FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Company may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the contents of the Documents, and The Company and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided in a written agreement between you and The Company, the furnishing of the Documents does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of The Company.
The permission above to use Documents does not include permission to copy the design elements, the look and feel, or the layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by The Company in writing.
6. MESSAGE BOARD POSTINGS
This website may make message boards available to its users. Please remember that any information that is disclosed in public forums on the website becomes public information and you should exercise caution when deciding to disclose your personal information. You may use an alias when posting personal information on the message boards.
THE COMPANY WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
This Website may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Site”). The Company has no discretion to alter, update, or control the content on a Linked Site. The fact that The Company has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the Internet, and The Company urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Site. You acknowledge and agree that The Company is not responsible for the availability of such Linked Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. The Company will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site.
Linking to the website if at our sole discretion, and we may request that you remove a link to our website, in which, you must comply.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, OR ACCURACY.
THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. THE COMPANY MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
10. LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
YOU AGREE THAT THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
The Company reserves the right to terminate your access to the website for any reason or for no reason and at any time, without notice, including if the Company:
A. does not receive payment of the monthly subscription;
B. reasonably believes that you have breached any of these Terms and Conditions;
C. is unable to verify the accuracy or validity of any information provided by you;
D. or suspects fraudulent, abusive or illegal activity by you.
12. APPLICABLE LAW
This website is controlled by The Company from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions.
The Company makes no representation that the content in this website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so, on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of Florida and County of Hillsborough, USA.
13. GENERAL TERMS
If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
You agree that any material breach of Sections 1, 2, 3, 4 and 5 of the Terms will result in irreparable harm to The Company for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, The Company will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if The Company seeks such an injunction.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website and The Company’s services.
The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of The Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by The Company with respect to such use. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: April 1, 2013