Terms of Service
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:
Last Updated: June 1, 2021
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.
“ONMYGRAD ENTITIES” MEANS ONMYGRAD 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. Indemnification 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.