Please carefully review the following terms and conditions relating to your use of our website. By visiting and/or using our Website, you agree to the following Terms and Conditions (“Terms & Conditions”). From time to time, in our sole discretion, these Terms & Conditions may be changed, modified, or updated. You should check these Terms & Conditions periodically for such changes, modifications, and updates. By using this Website, you are agreeing to and accepting these Terms & Conditions and any changes, modifications, or updates posted, whether or not you have reviewed them. If you do not agree and accept these Terms & Conditions, do not use this Website.
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Route 413 Capital LLC dba VentureKite. (“VentureKite”) and its affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, this “Website”).
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, as they govern your use of this Website and create a legal agreement between you and VentureKite. Violations of these Terms & Conditions, including unauthorized use of this Website, may be investigated and appropriate legal action may be taken, including civil, criminal, and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to VentureKite for violations of these Terms & Conditions, and you consent to injunctive or other equitable relief for such violations. You understand and agree that in our sole discretion and for any reason whatsoever, or for no reason, and without prior notice, we may terminate your access to this Website or discontinue, modify or alter any aspect of the Website, including, but not limited to: (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user’s right to use the Website. You agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, this Website. These terms & conditions may be supplemented with additional terms & conditions pertaining to specific content, activities, events, sweepstakes, etc. (“Additional Terms”). Such Additional Terms may be placed on this Website, and you understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.Please note that TheGradCafe.com is intended for use by individuals who are 18 years of age or older. By accessing or using our website, you affirm that you are at least 18 years old. If you are under the age of 18, please refrain from using this site. We take the protection of minors' privacy and safety seriously.
Provided that you agree to and accept without modification these Terms & Conditions, we grant you a personal, non-exclusive, non-assignable, and non-transferable license to visit and view this Website and pages hereof for your own personal, non-commercial use only. You acknowledge that this Website may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Material”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Material is protected by U.S. and international copyright, trademark, and other intellectual property laws, and is owned, controlled, or licensed by VentureKite or its affiliates. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Material which they make available on this Website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign or otherwise transfer the limited license granted herein or any of the Material in whole or in part. You may not link to or frame the Material, this Website, or any portion thereof, for any purpose unless specifically authorized in writing by us, provided that nothing herein grants you any license, express or implied, to use any of our federal or common-law trademarks except as such trademarks may be embedded in the link itself. Moreover, you may not visit or use this Website to appropriate our trademarks or trade dress and/or to copy or imitate the “look and feel” of this Website, or any portions thereof, for any reason. When Material is downloaded to your computer or device, you do not obtain any ownership interest in such Material.
If you choose not to register on this Website, there may be certain features of the Website you will not be able to access. You represent and warrant that the registration information you provide on this Website is and will remain true, accurate, and complete. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, you understand and agree that we reserve the right to suspend or terminate your user account and terminate or restrict any and all current or future use of our Website (or any portion thereof). You agree not to register for more than one account, create an account on behalf of someone else without their consent, or create a false or misleading identity on this Website.
You are entirely responsible for the security and confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other known or suspected breach of security with regard to your use of this Website, including loss, theft, or unauthorized disclosure of your or anyone else’s password.
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
We may offer discussion forums, blog opportunities and other Website features (“Forums”) where you and other users can submit content for public or private viewing (“Forum Content”) to facilitate your socializing and networking with others. You agree that all Forum Content, whether such Forum Content is requested by us or others or posted voluntarily, and whether publicly posted or privately transmitted to or on our Forums are the sole responsibility of the individual or entity from whom such Forum Content originated. That means that you (and not VentureKite or its affiliates) are entirely responsible for all Forum Content that you submit on the Forums or elsewhere on the Website. You understand and agree that we do not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Content. You understand and agree that by using this Website, you may be exposed to Forum Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Forum Content, including errors or omissions in any Forum Content, or for any loss or damage of any kind incurred as a result of the use of any Forum Content submitted via this Website.
Your privilege to use and/or access the Website (including the Forums) and contribute to discussions in the Forums depends on your compliance with the standards of conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of this Website or the Forums and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to these standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in this Website or the Forums. You acknowledge that we may or may not, but have no obligation to, pre-screen Forum Content, but that we will have the right in our sole discretion, for any reason whatsoever (or for no reason) to pre-screen, refuse, move, or remove any Forum Content that is available via this Website. Without limiting the foregoing, we may remove any Forum Content that violates these Terms & Conditions or is otherwise objectionable in our sole discretion. You acknowledge that by providing you with the ability to distribute Forum Content in the Forums, we are acting as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any Forum Content or activities in the Forums, nor do we endorse any such Forum Content. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Material you post or transmit to this Website or Forums is removed.
We assert no ownership rights over the Material you post, transmit, or otherwise make available for inclusion on the Forums or elsewhere on this Website (“Submissions”). With respect to such Forum Content, however, you grant VentureKite and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license (and consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name, voice, or image) and to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual property rights (collectively, the “Rights”) that may exist in such Submissions. Such license will survive the termination, for any reason, of these Terms & Conditions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available on the Website for personal use. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We partner with a range of other websites by sharing site content in the form of a co-branded education portal section of the partner’s site. The content and data of these co-branded sites may be stored on our servers, and these co-branded sites are covered by these Terms & Conditions. Notwithstanding the foregoing, this Website may reference or link to other third-party websites (“Third Party Sites”). We have no control over Third Party Sites or the content on or within them. Accordingly, we cannot and do not guarantee, represent or warrant that the content contained on such Third Party Sites is accurate, legal and/or inoffensive. These Terms & Conditions do not extend to your use of Third Party Sites, and your use of Third Party Sites is solely at your own risk. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Material, advertisements, products or other resources available on any Third Party Site. You should carefully review the Terms & Conditions of any such Third Party Sites and contact such sites directly with any questions or concerns.
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
We respect the intellectual property of others and require that you do the same. We may, in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to notices of alleged copyright infringement that are duly reported as set forth in the Notice described below (the “Notice”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send Notice to VentureKite at help@thegradcafe.com, and include the following information:
While we consider all such Notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether Material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE AND CO-BRANDED WEBSITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY SORT WITH RESPECT TO THIS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED ON OR LINKED FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER VentureKite NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR PARTNERS MAKE ANY REPRESENTATION THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER VentureKite NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR PARTNERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH: (A) THE USE OF THIS WEBSITE OR ANY CO-BRANDED WEBSITES; (B) DELAY OR INABILITY TO USE THIS WEBSITE; (C) ANY INFORMATION AND/OR MATERIAL ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE; OR (D) ANY PRODUCTS OR SERVICES PURCHASED DIRECTLY FROM THIS WEBSITE OR THROUGH A LINK ON THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. EXCEPT AS OTHERWISE SPECIFICALLY AND EXPRESSLY SET FORTH ON THIS WEBSITE, NEITHER WE NOR OUR AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY: (I) INACCURACIES IN THE INFORMATION ON THIS WEBSITE OR (II) UNAVAILABILITY OF PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE OR LINKS ON THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. 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 MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless VentureKite, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms & Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Website using your Internet account.
These Terms & Conditions constitute the entire agreement between you and VentureKite and govern your use of this Website. These Terms & Conditions, including all terms, conditions, and policies incorporated herein by reference, supersede all prior discussions, negotiations, and agreements between the parties, and you acknowledge and agree that you have not relied on any representations, warranties, or other statements not expressly set forth in these Terms & Conditions. If any provision of these Terms & Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of VentureKite to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions, and you hereby consent to exclusive jurisdiction and venue in the federal and state courts located in Delaware for all disputes arising out of or relating to the use of this Website. You agree that any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. These Terms & Conditions are in the English language, and all notices and communications to be given under these Terms & Conditions shall be in the English language.
VentureKite reserves the right to change or modify these Terms & Conditions or any policy or guideline of this Website at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on this Website. Your continued use of this Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms & Conditions and any other applicable policies from time-to-time to understand the terms & conditions that apply to your use of this Website. If you do not agree to the amended terms, you must stop using this Website.
If you have any questions about these Terms & Conditions, please contact us by email at help@thegradcafe.com.