TERMS OF SERVICE AGREEMENT
” Website” means and refers to Gradehacker.com.
“Services” refer to writing, editing, proofreading and other services, purchased by the Customer through the Order form on the Website.
” Order” means a written document of a standard electronic form that is filled in and submitted online by the Customer to the Website for the purpose of obtaining a Services. The Order specifies the scope of work and other requirements of the Customer regarding the Services to be provided.
Terms and Conditions of Acceptance
IF YOU ARE AN UNDERAGE PERSON, YOU ARE NOT ALLOWED TO ACCESS OR USE THIS WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MUST BE OF LEGAL AGE TO PURCHASE ANY OF OUR MATERIALS OR SERVICES AVAILABLE ON THIS WEBSITE OR OTHERWISE.
BY SUBMITTING AN ORDER AND/OR PAYMENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS TOS AGREEMENT. BY SUBMITTING AN ORDER AND/OR PAYMENT, YOU ARE ALSO AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, WHICH FORMS THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY.
Gradehacker provides custom “Materials” including but not limited to, custom academic assignment preparation, essay writing, etc., for reference purposes only (the “Services”). Materials cannot be used as a substitute for your own work. Gradehacker does not condone, encourage, or knowingly take part in plagiarism or any other acts of academic dishonesty or fraud. We strongly adhere to and abide by all copyright laws, and will not knowingly allow any customer to commit plagiarism or violate copyright laws. Neither Gradehacker nor any of its affiliates and / or partners shall be liable for any inappropriate, illegal, unethical, or otherwise wrongful use of the Material, products, and / or other material received from our website. This includes plagiarism, expulsion, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, poor grading, failure, suspension, or any other disciplinary or legal actions. Gradehacker customers are solely responsible for any and all disciplinary actions arising from the improper, unethical, inappropriate and / or illegal use of material. Gradehacker does not condone the act of using Gradehacker Materials nor any of our products to achieve higher marks within educational institutions, nor do we vouch for the results. Apart from a reasonable number of copies for personal, non-commercial use, you may not otherwise reproduce, distribute, publish, transmit, modify, display or create derivative works from, or exploit the products and / or contents of, the Website without prior written consent of Gradehacker. All Materials and products are acquired from freelance experts who transfer all rights and ownership to Gradehacker and / or its affiliates and partners. You agree to destroy all delivered Material and products immediately after reference use of the Material or product is completed. No copies shall be made for distribution, and no parts of any Material or product shall be used without proper citation. Upon receipt of an order for Gradehacker Material, we will prepare and deliver said Gradehacker Material pursuant to the instructions you provide and we shall not be responsible for any delivery instructions you provide which violate any agreements or duties you may have with third parties.
Any materials provided to you by Gradehacker (the “Materials”) and/or posted on the Website that you copy, print, or download are licensed to you by Gradehacker for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Materials, any portion of the Website, use of the Website, or access to the Website. Gradehacker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Gradehacker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By placing an order Materials. Any materials provided to you by Gradehacker (the “and / or payment for Services through the Website or by any other means, you are purchasing such Services strictly for your personal, non-commercial use. All Gradehacker Material, Services, and products are drafted and/or prepared by freelance experts who transfer all rights and ownership of the Materials, Services, and products to Gradehacker. All Gradehacker Material, Services, and products are non-refundable and come with no warranties, expressed or implied.
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Website and/or provide to Gradehacker. Gradehacker does not control the Content posted by you or others on the Website and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Gradehacker will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available in any manner through the Website. You agree that you, or any Content you submit to Gradehacker, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, any Gradehacker official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Website or any servers or networks connected to the Website, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Website or is otherwise made available to us. Without limiting the foregoing, Gradehacker and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You acknowledge and agree that Gradehacker may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (i) comply with age process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Gradehacker, its users and the public.
Gradehacker does not claim ownership of Content you make available for inclusion on the Website. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Website, you grant Gradehacker an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Website are those areas of the Website that are intended by Gradehacker to be available to the general public. By way of example, publicly accessible areas of the Website would include Gradehacker discussion boards and portions of the Website that are open to both members and visitors. However, publicly accessible areas of the Website would not include portions that are limited to members, Gradehacker online services intended for private communication such as Gradehacker e-mail, or areas off of the Gradehacker network of properties such as portions of websites that are accessible through the Website but are not hosted or served by Gradehacker.
Information Gradehacker Collects and Uses
When a person visits the Website, Gradehacker automatically collects and stores standard information, such as IP address, browser type, access time, etc. This information is gathered for internal Company use only. IP address is used to generate aggregate statistics of website exploitation. Browser type and access time are needed to improve quality of the content and increase effectiveness of our staff. We do not collect any personal information (e.g. name, e-mail address or phone number) unless a person is in restricted areas requiring such authentication or initiates contact with the representatives of Gradehacker via phone or email, or provides personal information to the Company during contact with its representative via phone, email, internal messaging section or live chat.
Personal and Billing Information that You Provide
We collect and store personal information, such as name, e-mail address, phone numbers and billing address, provided via the registration form, as well as during direct communication of a person with a representative of the Company via phone, live chat or email before or after the registration process. Your personal information is collected and securely stored in our database for internal Company use only. You are required to give only valid information, which will be used to check your identity or verify your payment. Certain fields on the registration page, which are not marked with asterisk (*), are optional. Alternative phone numbers and/or e-mail addresses are needed for our efficient cooperation only.
The Company may use your email address to send any updates regarding these particular Terms and Service and other policies, agreements and other documents that regulate the use of the Website. By providing your contact information, such as email address and phone number, you give the Company the right to contact you to clarify the details of your order, verify your payment as well as to initiate contact with promotional purposes. You may unsubscribe from promotional emails by following the instructions in the emails you receive from the Company. You may request the Company to stop issuing calls with promotional purposes by sending an email at email@example.com.
The Company may request you to provide additional information aside from the information required in registration and order forms, in order to verify your identity or payment, received for your order. In case you refuse to provide such information, the Company may refuse to process and complete your Order.
If you fill in the billing information on the Website, your billing details will be received by the payment processor and used accordingly to process your payment. The Company representatives do not have access to your credit card information, it is received by the secure payment processor and used ONLY to process the authorized payment for your current order.
We do not share any of the personal information you provide with any third parties without your permission, received in written form. This regulation does not apply to personal and/or identifying information, provided in instructions necessary for completing your Order and/or additional materials and files (see subsection “Order Instructions and Additional Materials”).
You can remove your name and phone number from the Company‘s database by your request in written form sent to Company. If such request is received, the Company will remove your account and any personal information from its database within 14 days.
Security of the Information
The Company has undertaken special security measures in order to securely store the information and protect users against loss, possible misuse or alteration of information we have collected from you. Registered users can request information update or change if any inaccuracy or mistakes are found in users‘ profiles.
Gradehacker and its freelance experts deliver original content as part of its Services. The full copyright pertaining to our Materials, Services, and other delivered products, is retained by Gradehacker and / or its affiliates and partners. The purpose of delivered Materials, Services, and products made available to you from this Website or by any other means, is strictly for personal, non-commercial use. By placing an order with Gradehacker, you agree not to transmit, distribute, modify, publish, display, or create derivative works from, or exploit the Materials, delivered products, and / or contents of, this Website without prior written consent of Gradehacker. By placing an order with Gradehacker, you also agree to indemnify, defend, and hold harmless Gradehacker for any and all unauthorized use of its Services, Materials, products, and any material made available from this Website or otherwise. Any unauthorized use of delivered Materials, Services, products and / or content of this Website can subject our customers to civil or criminal penalties.
You acknowledge and agree that the Website as well as all Materials provided by Gradehacker, Gradehacker service providers, and/or third parties for the Gradehacker online services, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or the Materials, in whole or in part. You agree not to modify the Website content in any manner or form, or to use modified versions of
the Website content, including (without limitation) for the purpose of obtaining unauthorized access to the Website, or any portion of the Website. You agree not to access the Website by any means other than through the interface that is provided by Gradehacker for use in accessing the Website.
You agree to indemnify, release and hold the Gradehacker and its employees, officers, directors, shareholders, trustees, agents, representatives, co-branders, other partners, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers (hereinafter referred to as the “Gradehacker‘s Affiliates” harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Services, including but not limited to: (a) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of the Gradehacker that may cause the Services to be delayed, disrupted, or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of utilizing our Services; or (e) any printing or typographical errors in any materials associated with the Services. In addition, the you agree to defend, indemnify, and hold Gradehacker and the Gradehacker‘s Affiliates harmless from any claim, suit or demand, including attorney‘s fees, made by a third party due to or arising out of (i) content you submit, post, transmit or make available through the Website, (ii) your order for Services, (iii) your direction for implementation of Services, (iv) your use of the Website, (v) your connection to the Website, (vi) your violation of the TOS or (vii) your violation of any rights of any third party.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Gradehacker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other websites or resources. Because Gradehacker has no control over such sites and resources, you acknowledge and agree that Gradehacker is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Gradehacker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Gradehacker offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid services. Services price is determined by the Gradehacker and may vary depending on delivery time, complexity level, amount of work, type of writing, type of Service, use of external sources (e.g. books, presentations, journals, video and audio products, other sources uploaded or requested by the Customer).
Note: each case of Services provision is unique, and the Customer may need to contact the representatives of the Company to get an exact Services price quote.
The Company may request additional payment for Services after an order was placed in case of change of instructions or deadline or in case the payment, made for the Order, does not cover the amount of work the Customer has requested through the Order form. The Company may also request additional payment in case an Order calls for unusual type of work in which case the price for the Order will be determined by Gradehacker. The additional payment amount is calculated separately for each and every Order. Additional payment made for a specific Order cannot become a precedent for any future Orders. If the Customer refuses to pay additionally, the Company has the right to refuse to further work on the Order. In this case, the Order will be cancelled and refunded according to this section of these Terms of Service.
If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Gradehacker reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services. All Materials, Services, and products offered by Gradehacker are non-refundable, and come with no warranties, expressed or implied. No refund can be granted to a customer under any circumstances once the order is completed, unless specifically stated herein. In certain cases, Gradehacker may provide a refund at its own discretion.
You understand if you have an unpaid balance to Gradehacker and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.
In order for Gradehacker or their designated external collection agency to service my account, and where not prohibited by applicable law, You agree that Gradehacker and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charges to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
In addition to any fees that may be charged by Gradehacker for the Content and the Services, you may incur additional charges from telecommunications, internet, cellular, mobile, or other service providers. You agree that such charges are the sole responsibility of you or your employer. Please check with your service suppliers to obtain information on applicable fees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE GRADEHACKER SERVICES, CONTENT, AND THE WEBSITE IS AT YOUR SOLE RISK AND UNDER YOUR SOLE VOLITION. THE SERVICES, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRADEHACKER EXPRESSLY DISCLAIMS 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. GRADEHACKER MAKES NO WARRANTY THAT (i) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE WEBSITE 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRADEHACKER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRADEHACKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GRADEHACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND CONTENT RESULTING FROM ANY GOODS, DATA, INFORMATION, SERVICES, OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR FROM GRADEHACKER BY ANY OTHER MEANS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that Gradehacker, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Gradehacker believes that you have violated or acted inconsistently with the letter or spirit of the TOS. By agreeing to the Terms of Service, you acknowledge that Gradehacker reserves the right to cancel any agreement, arrangement, or contract with any person who condones or attempts to pass plagiarized products as original. You also agree that any Materials, Services and/or product delivered by Gradehacker may not be disclosed to any third parties, nor distributed in any way for payment or for any other purpose. You also acknowledge that if Gradehacker suspects that the delivered Material, Services and/or product has been distributed or used by the customer in any form of plagiarism, Gradehacker reserves the right to refuse to carry out any further work and/or Services for this customer. Gradehacker may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Gradehacker may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate and any provisions that by their nature are intended to survive termination, shall survive the termination of this Agreement.
Gradehacker trademarks, logos, and product and service names are trademarks of Gradehacker LLC. Without Gradehacker’s prior permission, you agree not to display the above or use in any manner.
Gradehacker respects the intellectual property of others, and we ask our users to do the same. If you believe you have a copyright infringement claim resulting from material posted on the Website, you may notify Gradehacker by providing the following information to our designated agent. Notices must meet the then-current statutory requirements imposed by the DMCA:
Gradehacker Copyright Agent
2000 Ponde De Leon Blvd. Suite 600
Coral Gables, FL 33134
If any of these terms becomes unenforceable as a whole or in part, validity of other terms of the contract will remain unaffected.
These Terms of Service in their entirety constitute an integral agreement between Gradehacker and you who accepted these Terms of Service by means of registration with the Website. These Terms of Service make a public agreement of accession, they do not need to be set out as a hard copy document and signed by the parties. Gradehacker reserves the sole right to amend the terms and conditions without serving notice to you. The latest version of Terms of Service will supersede any and all previous versions.
The TOS Agreement and any posted operating rules constitute the entire agreement between you and Gradehacker and govern your use of the Website, superseding any prior agreements between you and Gradehacker with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. If you acquired the Services and / or Content in any other country, unless expressly prohibited by local law, the TOS Agreement and warranties are controlled by and construed under the laws of the State of Florida, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of Miami, Florida shall have exclusive jurisdiction over any claim arising under the TOS Agreement or warranties. You agree that this Agreement specifically disclaims the application of the UN Convention on Contracts for the international sale of goods. Notwithstanding the foregoing, as applicable, you or Gradehacker may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of its intellectual property or proprietary rights. The TOS Agreement has been written in the English language, and you agree that the English version will govern this Agreement. The failure of Gradehacker to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please forward any questions or report any violations of the TOS to: firstname.lastname@example.org.