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Terms and condition

These terms and conditions ("Terms", "Agreement") are an agreement between EliteGrad ("EliteGrad", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the elitegrad.com website and any of its products or services (collectively, "Website" or "Services").

These Terms will change over time. We reserve the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. When you use the EliteGrad Services after a modification is posted, you are telling us that you accept the modified terms.

If you have a written agreement with EliteGrad that states that it supersedes these Terms , then to the extent there is any conflict between the documents, the provisions in your separate agreement applies.

Account Creation

You need to have an account to use EliteGrad Services. Students are required to have a minimum 3.0 GPA to have their profiles activated and displayed in the application for recruiters. Students must be current students at a university or within three months of graduation. Students whose profile do not meet these criteria will be deactivated by EliteGrad.

You agree not to misrepresent any information about yourself in creating or using an account. Any information or content you upload directly to the EliteGrad Services is governed by these Terms.

You agree that any information you provide through account registration is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

Employers

Through the use of the Services, you will be able to search and filter student results based on a wide range of criteria. You agree to maintain a fair and equitable recruitment process when selecting student candidates. You also agree not to discriminate based on race, color, national origin, religion, age, sex, gender, sexual orientation, disability,veteran status, or as prohibited by law. You have the ability to contact students directly through the EliteGrad Services. By using these Services, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities, data and private profiles.

Students

Your EliteGrad profile is how you present yourself to potential employers. As a guideline, keep your content and communications on EliteGrad Services professional. Specifically, you are not allowed to post any violent, nude, discriminatory, stalking, hateful, or sexually suggestive photos or other similar content via the Service. You are responsible for all content you upload to EliteGrad Services.

Content

The Content You Submit Belongs to You. EliteGrad does not claim ownership of any Content that you post on or through the Services. By making your Content available on or through the Services, you grant to EliteGrad a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your Content only in connection with operating and providing the EliteGrad Services.

We do not own any data, information or material ("Content") that you submit on the Website or app in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. However, by using our Services, you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Our Intellectual Property Belongs to Us

EliteGrad Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and EliteGrad, we own and retain all rights to the EliteGrad Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EliteGrad Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Content.

The EliteGrad name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EliteGrad, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Termination

We reserve the right to suspend or terminate your account(s) for violation of these Terms , or of any other policies associated with the Services.

Account and Website Security and Integrity While we take steps to protect your data from unauthorized access, security is a team effort. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.

No Monitoring

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

The Services may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by EliteGrad. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. EliteGrad has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, EliteGrad will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly release, relieve and hold harmless EliteGrad from any and all liability arising from your use of any Third Party Services.

Violation and Enforcement of These Terms

We reserve the right to refuse access to the Services to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

Disclaimer of Warranties

You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is" and "as available" basis. We expressly disclaim 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. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected, or regarding suggestions or recommendations of services or products offered or purchased through the Services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services 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 such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

The Services, including, without limitation, EliteGrad Content, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither EliteGrad nor any of its employees, partners, managers, officers or agents (collectively, the “EliteGrad parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services; (b) the EliteGrad Content; (c) user Content; or (d) security associated with the transmission of information to EliteGrad or via the Services. In addition, the EliteGrad parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

The EliteGrad parties do not endorse Content, and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.

You hereby give any consent required by law for the Services to operate as set forth in these Terms.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW: IN NO EVENT SHALL ELITEGRAD OR ITS SUPPLIERS, OR ANY OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO ANY PERSON WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, WARRANTY, BREACH OF DUTY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE PRIOR ONE-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO SUCH APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that in the event you incur any damages, losses or injuries that arise out of EliteGrad’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the EliteGrad parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the EliteGrad parties.

By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EliteGrad is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You will indemnify and hold EliteGrad, its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from and against any claims, losses, liabilities, damages, costs, or demands, including attorneys’ fees, alleged by any third party due to or arising out of your Content, your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you of any intellectual property or other right of any person or entity.

Arbitration Agreement

You agree that any dispute between you and EliteGrad (including our directors, officers, employees, and agents) arising out of or relating to these Terms, the EliteGrad Services, or any other EliteGrad products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Claims Subject to Arbitration – You and EliteGrad agree to submit all claims (“Claims’) between you and EliteGrad to final and binding arbitration before Judicial Arbitration and Mediation Services (JAMS) in accordance with the then-effective JAMS Arbitration Rules and Procedures (available at http://www.jamsadr.com, including updates) as the exclusive remedy for such claims. Arbitrations shall be conducted before JAMS in Miami-Dade County, Florida. Both you and EliteGrad shall have the right to conduct reasonable discovery as determined by the arbitrator. Unless otherwise required by law or the JAMS Rules as determined by the arbitrator, each party (you and EliteGrad) shall each bear their own costs, expenses, and attorneys’ fees in arbitration. Arbitration under this Agreement shall be governed by and interpreted according to the substantive and procedural provisions of the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.

Waiver of Jury Trial - The arbitration proceedings do not provide for jury trials, but for a hearing before one independent, neutral arbitrator. You and EliteGrad therefore each specifically waive and relinquish our respective rights to bring a claim against the other in a court of law, and give up all rights to a jury trial. No court action may be brought by you or EliteGrad to resolve any Claim between us. The award of the arbitrator shall be nonappealable and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection.

Class Action Waiver - All Claims between you and EliteGrad shall be brought in the individual capacity of you or EliteGrad. You and EliteGrad agree that any class action is waived, and neither you nor EliteGrad may attempt to proceed hereunder as a member or representative of any class or putative class or collective action. No arbitrator acting hereunder shall have the power to decide any class claims. You and EliteGrad agree that any representative claims that are found not subject to arbitration under the law shall be resolved in court, and are stayed pending the outcome of the arbitration. Only a court of competent jurisdiction may rule upon the enforceability of this Paragraph.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Severability

If any provision of these Terms is held to be unlawful, void, invalid, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then it is the intention of the parties that such provision(s) will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. EliteGrad’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver by EliteGrad of any part of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and EliteGrad and govern your use of the Services, unless you have a separate signed agreement with EliteGrad that states it supersedes the Terms.

No Assignment

You will not assign the Terms or assign, resell, sub-license or otherwise transfer or delegate any or your rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of EliteGrad, which consent shall be at our own sole discretion and without obligation. Any purported assignment or delegation by you without the appropriate prior written consent of EliteGrad will be null and void. EliteGrad may assign these Terms or any rights or obligations hereunder, in whole or in part, without your consent.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form, send an email to operations@elitegrad.com or write a letter to 6619 S Dixie Highway, # 235, Miami, FL 33143

This document was last updated on October 8, 2020