Terms of Service
IF YOU LIVE IN THE UNITED STATES, SECTION 9 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH ROCKETGRAD. PLEASE READ IT.
Thank you for choosing RocketGrad!
This is an agreement between you and RocketGrad, Inc that describes your rights to use the software and services identified in section 1.1. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.
1. Scope of agreement, acceptance, and changes
- 1.1. What services are covered by this agreement? This agreement applies to RocketGrad’s student profile and matching services, the RocketGrad employer functionality, all reports generated by RocketGrad and any other software, website, or service that links to this agreement (collectively the “services”).
- 1.2. What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms and the RocketGrad Code of Conduct, which appears below these terms and is incorporated into this agreement by this reference (the “agreement”).
- 1.3. How do I accept this agreement? By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by these terms without modification by you. If you do not agree, you may not use the services.
- 1.4. Can RocketGrad change these terms after I have accepted them? Yes. From time to time, RocketGrad may change these terms. The most current version can be reviewed by clicking on the "Terms of Service" link at the bottom of our Web pages. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section 8.10. Otherwise, the new terms will apply to you.
- 1.5. What types of changes can I expect to the services? We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why RocketGrad may stop providing portions of the services, including (without limitation) that it’s no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or their features in beta version, which may not work correctly or in the same way the final version may work.
2. RocketGrad account
- 2.1. What is a RocketGrad account? To access portions of the services, you will need a RocketGrad account. The RocketGrad account is the credentials you will use to authenticate with our network. To create a RocketGrad account, you must provide a user name and password, certain demographic information, and “account proofs,” such as an alternate email address or phone number. Existing RocketGrad account holders may need to provide “account proofs” to continue using their RocketGrad account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your RocketGrad account. You can use your RocketGrad account to gain access to other RocketGrad products, websites, or services; however, the terms and conditions for those products, websites, or services, if different from this agreement, may also apply to your use of that product, website, or service. The RocketGrad services require that you sign into your RocketGrad account periodically, at a minimum every 180 days, to keep the RocketGrad branded services portion of the services active, unless provided otherwise in an offer for a paid portion of the services. If you fail to sign in during this period, we may cancel your access to the RocketGrad services. If the RocketGrad services are canceled due to your failure to sign in, your data may be permanently deleted from our servers.
- 2.2. What if I can’t access my RocketGrad account? If you’ve forgotten your password or otherwise can’t access your RocketGrad account, you can recover your RocketGrad account by visiting the Reset your Password webpage. RocketGrad doesn’t guarantee that your RocketGrad account will be restored or your content (as defined later) will be safeguarded.
- 3.1. Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages (“content”). Except for material that we license to you that may be incorporated into your own content (such as clip art), we do not claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the content that you and others make available on the services.
- 3.2. Who can access my content? You have initial control over who may access your content. If you share content in public areas of the services, such as in your profile, or in shared areas available to others you’ve chosen, you agree that anyone (including all employers unless otherwise notified) you have shared content with may, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services and other RocketGrad, or its licensees’, products and services. If you don’t want others to have that ability, don’t use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this section 3.2, won’t violate any law.
- 3.3. What does RocketGrad do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed, and displayed to the extent necessary to protect you and to provide, protect and improve RocketGrad products and services. For example, we may occasionally isolate information from profiles and email to improve the services with new features that make them easier to use. Also, because the matching feature is essential to the services, RocketGrad will share your content with other users of RocketGrad when recommending individuals to employers and employers to individuals. We will not notify you before sharing your content in such a manner. When processing your content, RocketGrad takes steps to help preserve your privacy.
- 3.4. What type of content isn’t permitted? Content that violates this agreement or your local law isn’t permitted on the services. RocketGrad reserves the right to review content for the purpose of enforcing this agreement. RocketGrad may block or otherwise prevent delivery of any type of email, IM, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
- 3.5. Can RocketGrad remove my content from the services? Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your RocketGrad account. Additionally RocketGrad may remove your content without asking you if we determine it’s in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.
4. Services cancellation
- 4.1. What happens if I don’t abide by these terms? If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of user accounts who are, in our discretion, serious offenders. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose, some or all of your content stored on the services and/or we may cancel your services in their entirety. Data that is deleted may be irretrievable.
- 4.2. Are there other ways I could lose access to the services? Yes. Portions of the services require that you sign into your RocketGrad account at least once every 180 days. Failing to do so will (unless provided otherwise in an offer for paid services) result in a closure of your access to and use of that portion of the services, and you may permanently lose your content on that portion of the services. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service (see section 8.1 for more details).
- 4.3. How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by emailing support@RocketGrad.com. To cancel a paid portion of the services, see section 8.10. If you are canceling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services (for example, manually delete your email and other content). However, please note that while content you have deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
- 4.4. What happens if my services are canceled or terminated? If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. At that time, we may disable your access to the software. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.
- 5.2. Does RocketGrad disclose my personal information outside of RocketGrad? You consent and agree that RocketGrad may access, disclose, or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that RocketGrad acquires about you through your use of the services (such as IP address or other third-party information) when RocketGrad forms a good faith belief that doing so is necessary (a) to comply with the law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of RocketGrad or our customers; or (c) to help prevent a loss of life or serious physical injury. You also consent and agree that RocketGrad may share your personal information and content with third party vendors and companies who will use the information to offer you goods and services.
- 5.3. How does RocketGrad respond to legal process? Similar to other providers of internet services, RocketGrad is served with legal demands and requests from law enforcement, government entities, and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. RocketGrad may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.
6. Services disruptions and backup
We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and RocketGrad isn’t liable for any disruption or loss you may suffer as a result. You should regularly backup the content that you store on the services. Following a regular backup plan can help you prevent loss of your content.
- 7.1. What terms govern the software that is part of the services? If you use or receive software from us as part of the services, it’s governed by one of two sets of license terms (the “license terms”): If you are presented with a license for the software, the terms of that license apply to the software; if no license is presented to you, the terms of this agreement apply not only to the services but also to the software (and the term “services” in this agreement includes the software). The software is licensed, not sold, and RocketGrad reserves all rights to the software not expressly granted by RocketGrad under the license terms, whether by implication, estoppel, or otherwise. If this agreement governs the website you are viewing, any third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code, not by RocketGrad.
- 7.2. How can I use the software that is provided as part of the services? We grant you the right to use one copy of the software per device for use by only one person at a time as part of your use of the services, but only if you comply with all other terms in this agreement.
- 7.3. Are there things I can’t do with the software or services? Yes. In addition to the other restrictions in this agreement, you may not circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile, or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease, or lend the software or the services; or transfer the software, any software licenses, or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network. You may not enable access to the services by unauthorized third-party applications.
- 7.4. How is the software updated? RocketGrad isn’t obligated to make updates available and doesn’t guarantee that we will support the system version for which you licensed the software.
8. If you pay RocketGrad, the following terms apply to you
9. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, ROCKETGRAD’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and RocketGrad concerning the services (including their price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
- 9.1. Notice of Dispute. In the event of a dispute, you or RocketGrad must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to RocketGrad, Inc., ATTN: General Counsel, 1523 Beech Valley Way, Atlanta, GA 30306. RocketGrad will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and RocketGrad will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or RocketGrad may commence arbitration.
- 9.2. Small claims court. You may also litigate any dispute in small claims court in DeKalb County, GA, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
- 9.3. Binding arbitration. If you and RocketGrad don’t resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
- 9.4. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor RocketGrad will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- 9.5. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the services for personal use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see the AAA website. RocketGrad and you agree to commence arbitration only in DeKalb County, GA. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
- 9.6. Arbitration fees and incentives. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- 9.7. Conflict with AAA rules. This agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
- 9.8. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court (section 9.2), an arbitration proceeding (section 9.3), or in court, if section 9.9 permits the dispute to be filed in court. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred.
- 9.9. Severability. If the class action waiver in section 9.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then section 9 won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section 9 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 9 remaining in full force and effect.
10. NO WARRANTIES
ROCKETGRAD, AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” ROCKETGRAD DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOM SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DON’T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
11. Limitation of liability
If RocketGrad breaches this agreement, you agree that your exclusive remedy is to recover, from RocketGrad or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month. YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.
12. RocketGrad contracting entity
You are contracting with RocketGrad, Inc., 1523 Beech Valley Way, Atlanta GA, 30306. The laws of the state of Georgia govern the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in DeKalb County, GA for all disputes arising out of or relating to this agreement or the services.
13. Third-party websites
The “Privacy” section, and sections 8 (for amounts incurred before the end of this agreement), 9, 10, 11, 12, 17, and those that by their terms apply after it ends will survive any termination or cancellation of this agreement.
15. Assignment and transfer
We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to RocketGrad providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the services. You may notify RocketGrad as stated in customer support for the services.
17. Contract interpretation
This is the entire agreement between you and RocketGrad for your use of the services. It supersedes any prior agreements between you and RocketGrad regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can’t enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won’t change. The agreement’s section titles are for reference only and have no legal effect.
18. No third-party beneficiaries
This agreement is solely for your and our benefit. It isn’t for the benefit of any other person, except for RocketGrad’s successors and assigns.
Customer support for the RocketGrad services is available via www.RocketGrad.com and support@RocketGrad.com.
20. Export restrictions
RocketGrad’s free software and services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. United States government permission is required to transfer these free software and services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury website for more information. Additionally, paid services are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users, and end use.
Copyright and trademark notices. All contents of the services are Copyright © 2013 RocketGrad, Inc. and/or its suppliers, 1523 Beech Valley Way, Atlanta, GA 30306. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the services and its content. RocketGrad and the names, logos, and icons of all RocketGrad products, software, and services may be either trademarks or registered trademarks of RocketGrad in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved.
CODE OF CONDUCT
This Code of Conduct applies to all RocketGrad services that allow users to post or share content with others, when those services display or link to this Code of Conduct (the “services”). Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.
The services are designed for individuals 18 years of age or older. As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload. In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws.
You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:
- annoys, spams, or is otherwise unhelpful to the users RocketGrad seeks to serve in its sole discrection.
- depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art, or manga.
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
- misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
- provides or creates links to external sites that violate this Code of Conduct.
- includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- is intended to harm or exploit minors in any way.
- is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact info without their knowledge and willing consent.
- is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
- threatens, stalks, defames, defrauds, degrades, victimizes, or intimidates an individual or group for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or incites or encourages anyone else to do so.
- harms or disrupts, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
- attempts to impersonate a RocketGrad employee, agent, manager, host, administrator, moderator, another user, or any other person through any means.
- contains or could be considered ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘affiliate marketing’ or unsolicited commercial advertisement.
- mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
- attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of this Code of Conduct, colluding with others on voting, or using multiple profiles.
- contains advertising for money making schemes, discount cards, credit counseling, online surveys, or online contests.
You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of RocketGrad, Inc.
Termination and Cancellation
RocketGrad reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user-created services and content at will and without notice, and delete content and accounts. RocketGrad reserves the right, at its sole discretion, to ban participants or terminate access to services.
Rights and Responsibilities
We encourage you to not share information that others could use to harm you.
RocketGrad is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. Please use your best judgment.
You are responsible for protecting your computer against interference, spyware, or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.
RocketGrad reserves the right to amend this Code or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.
Some information you provide or upload to the service may be stored outside of the country in which you reside.
All activity on the service is also governed by the RocketGrad Terms of Service.
This is your community. Help us make it strong, vibrant, and enjoyable by all members. If you see content that violates this Code of Conduct, please report it for review. Thank you for using the services and honoring this Code of Conduct!