Terms of Service
An Introduction to OnMyGrad’s Terms of Service
Welcome to OnMyGrad ! Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to promote career learning. The OnMyGrad platform offers a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the career market. Learning opportunities and materials are suggested to people to guide them build their dream career step-by-step.
- You own the content that you post; you also grant us and other users of the OnMyGrad platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
- You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.
- You can repost content from OnMyGrad elsewhere, provided that you attribute the content back to the OnMyGrad platform and respect the rights of the original poster, including any “not for reproduction” designation.
- We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the OnMyGrad platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or OnMyGrad's policies, you can initiate a report to email@example.com .
We are pleased that you want to join the OnMyGrad platform and encourage you to read the full Terms of Service.OnMyGrad Terms of Service
Last Updated: September 16, 2019
Welcome to OnMyGrad! OnMyGrad is a platform for career learning, empowering people to learn from others and better understand career development.
These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and OnMyGrad, Inc. (“OnMyGrad” “we” or “us”). It governs your use of the products and services we offer through our web and applications (collectively the “OnMyGrad Platform”).
Please make sure to read it, because, by using the OnMyGrad Platform, you consent to these terms.
- The Mission of the OnMyGrad Platform
OnMyGrad's mission is to promote career learning. The OnMyGrad Platform is a place to effectively learn about career development empowered by A.I. analytics.
- Using the OnMyGrad Platform
- Who Can Use It. Use of the OnMyGrad Platform by anyone under 15 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your OnMyGrad account if you violate any OnMyGrad policy or for any other reason.
- Changes to the OnMyGrad Platform. We are always trying to improve your experience on the OnMyGrad Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome your feedback and suggestions about how to improve the OnMyGrad Platform. Feel free to email us through firstname.lastname@example.org . By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. The OnMyGrad Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the OnMyGrad Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the OnMyGrad Platform, Your Content may be viewed by the general public.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the OnMyGrad Platform, you grant OnMyGrad and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the OnMyGrad Platform or the promotion, advertising or marketing of the OnMyGrad Platform or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for OnMyGrad to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with OnMyGrad for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the OnMyGrad Platform or through other media or distribution methods. This license also includes the right for other users of the OnMyGrad Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. If you do not wish to allow your answers to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain answers not for translation.
- We may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of www.onmygrad.com . OnMyGrad may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by OnMyGrad at any time. Any edits and changes made by you may be visible to other users. The right for OnMyGrad to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that OnMyGrad may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of OnMyGrad, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the OnMyGrad Platform or in violation of our Terms of Service.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the OnMyGrad Platform (specifically including, but not limited to our software, the OnMyGrad marks, the OnMyGrad logo, but excluding Your Content) is the property of OnGrad Consulting Company Limited, or its subsidiaries and affiliates, or content posted by other OnMyGrad users licensed to us (collectively “Our Content and Materials”).
- Data. All data OnMyGrad collects (“Data”) about use of the OnMyGrad Platform by you or others is the property of OnGrad Consulting Company Limited, its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You.
- We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the OnMyGrad Platform in connection with your use of the OnMyGrad Platform, subject to the terms and conditions of this Agreement.
- OnMyGrad gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web provided that: (a) the user who created the content has not explicitly marked the content as not for reproduction on the OnMyGrad Platform; (b) you do not modify the content; (c) you attribute OnMyGrad by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on http://OnMyGrad.com on every page that contains Our Content and Materials; (d) upon request, either by OnMyGrad or a user, you remove the user's name from content which the user has subsequently made anonymous; (e) upon request, either by OnMyGrad or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the OnMyGrad Platform; and (f) upon request, either by OnMyGrad or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the OnMyGrad Platform; (g) you don’t republish more than a small portion of Our Content and Materials. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by OnMyGrad, or any OnMyGrad user, without separate, express prior written permission from us.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the OnMyGrad Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the OnMyGrad Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the OnMyGrad Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.
- No Endorsement or Verification. Please note that the OnMyGrad Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the OnMyGrad Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the OnMyGrad Platform by anyone.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of OnMyGrad's users or OnMyGrad. The content, information and services made available on the OnMyGrad Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- More About Certain Offerings on the OnMyGrad Platform
- Advertisements. The OnMyGrad Platform may include advertisements, which may be targeted to content or information on the OnMyGrad Platform, queries made through the OnMyGrad Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by OnMyGrad are subject to change. In consideration for OnMyGrad granting you access to and use of the OnMyGrad Platform, you agree that OnMyGrad and its third party providers and partners may place such advertising on the OnMyGrad Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the OnMyGrad Platform.
- Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should be not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. OnMyGrad has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
- Buttons, Links and Widgets You have permission to use OnMyGrad's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the OnMyGrad Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that OnMyGrad endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate OnMyGrad’s published policies.
- Web resources and third-party services. The OnMyGrad Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risks arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
- Reporting Violations of Your Intellectual Property Rights, OnMyGrad Policies, or Applicable Laws We have a special process for reporting violations of your intellectual property rights or other violations of OnMyGrad policies or applicable laws.
- Reports of Violations. If you believe content on the OnMyGrad Platform violates applicable law (apart from copyright or trademark violations) or other OnMyGrad policies, you may send email to email@example.com .
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
- DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF OnMyGrad ENTITIES TO YOU.
“ONMYGRAD ENTITIES” MEANS ONGRAD CONSULTING COMPANY LIMITED., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- WE ARE PROVIDING YOU THE ONMYGRAD PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ONMYGRAD ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.
- ONMYGRAD MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE ONMYGRAD PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE ONMYGRAD PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. ONMYGRAD MAKES NO WARRANTY THAT: (a) THE ONMYGRAD PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE ONMYGRAD PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE ONMYGRAD PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE ONMYGRAD PLATFORM WILL BE SATISFACTORY.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONMYGRAD ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONMYGRAD ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE OnMyGrad PLATFORM.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ONMYGRAD PLATFORM IS TO STOP USING THE ONMYGRAD PLATFORM.
- WITHOUT LIMITING THE FOREGOING, ONMYGRAD’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ONMYGRAD PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO ONMYGRAD IN CONNECTION WITH THE ONMYGRAD PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend OnMyGrad Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the OnMyGrad Platform, ii) Your Content, iii) your conduct or interactions with other users of the OnMyGrad Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- Dispute Resolution
This Agreement and any action arising out of your use of the OnMyGrad Platform will be governed by the laws of the The Government of the Hong Kong Special Administrative Region of the People's Republic of China, a without regard to or application of its conflict of law provisions or your state or country of residence.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- General Terms
- Governing Law and Jurisdiction. You agree that OnMyGrad is operated in Hong Kong Special Administrative Region of the People's Republic of China and will be deemed to be solely based in Hong Kong Special Administrative Region of the People's Republic of China and a passive service for purposes of jurisdictional analysis.
- Use Outside of the Hong Kong Special Administrative Region of the People's Republic of China. OnMyGrad expressly disclaims any representation or warranty that the OnMyGrad Platform complies with all applicable laws and regulations outside of the Hong Kong Special Administrative Region of the People's Republic of China. If you use the OnMyGrad Platform outside of the Hong Kong Special Administrative Region of the People's Republic of China, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the OnMyGrad Platform.
- Export. The OnMyGrad Platform is controlled and operated from our offices in Hong Kong Special Administrative Region of the People's Republic of China. No software for OnMyGrad may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations.
- Applications and Mobile Devices. If you access the OnMyGrad Platform through a OnMyGrad application, you acknowledge that this Agreement is between you and OnMyGrad only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the OnMyGrad Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).
- Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the OnMyGrad Platform and constitutes the entire agreement between you and us regarding the OnMyGrad Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
- Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via firstname.lastname@example.org . Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
- Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
- Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Contact. Feel free to contact us through email@example.com with any questions about these terms. OnMyGrad is a Hong Kong limited company, located at 1901, 19/F, 80-82 Morrison Hill Road, Wanchai, Hong Kong