Coach Messenger Corp., operating under the brand "GradBetter," (hereafter, "GradBetter", "we" or "us") operates www.GradBetter.com, where it delivers its services, including its mobile experience (the "Platforms"). The Platforms organize college and graduate related data and deliver a college planning platform for counselors and the families they support. The services offered by GradBetter include the Platforms and any other features, content, functionality or applications offered from time to time by GradBetter in connection with the GradBetter Platforms (collectively, the "GradBetter Services"). For global users, the GradBetter Services are hosted in the United States of America.

This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the GradBetter Services. By using the GradBetter Services, you agree to be bound by this Agreement. You are only authorized to use the GradBetter Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations and the terms of this Agreement. Please read this Agreement carefully. If you cannot or do not intend to accept and abide by the terms of this Agreement you must exit the GradBetter Platforms and discontinue use of the GradBetter Services immediately. This Agreement includes (i) GradBetter’s policy for acceptable use of and content posted on the GradBetter Services, (ii) your rights, obligations and restrictions regarding your use of the GradBetter Services and (iii) GradBetter’s Privacy Policy. You may receive a copy of this Agreement by emailing us at: legal@gradbetter.com, Subject: Terms of Use Agreement.

GradBetter may modify this Agreement from time to time and such modification shall be effective upon posting by GradBetter on the GradBetter Platforms. You agree to be bound by any changes to this Agreement when you use the GradBetter Services after any such modification is posted. It is therefore important that you review this Agreement regularly. Your use of the GradBetter Services is subject to the following specific terms:

Eligibility. Use of and registration for the GradBetter Services is void where prohibited. By using the GradBetter Services, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of the GradBetter Services does not violate any applicable law or regulation.

Accessibility. GradBetter is committed to accessibility and an inclusive experience. We believe everyone should be able to visit GradBetter and access our services easily. We set high standards for web accessibility and constantly strive to ensure compliance with all laws and guidelines. We welcome your user feedback. If you have any questions about our accessibility features, please contact us at legal@gradbetter.com.

Term. This Agreement shall remain in full force and effect while you use the GradBetter Services.

External Links. GradBetter may provide, or 3rd parties may provide, links to other websites or content located on the internet by allowing a user to leave GradBetter to access 3rd-party content or by bringing the 3rd party content into GradBetter. GradBetter has no control over such websites and content. Your correspondence or business dealings with, or participation in promotions of, companies found on or through GradBetter Platforms, 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 company. You agree that GradBetter 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 companies on the Platforms. In addition, you acknowledge that GradBetter reserves the right to charge fees for the use of the GradBetter Services and to change such fees from time to time in its sole discretion. If GradBetter terminates your use of the GradBetter Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.

Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the GradBetter Platforms and through your use of the GradBetter Services ("Prohibited Activity"). GradBetter reserves the right to investigate and take appropriate legal action against anyone who GradBetter believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to: (a) criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any user to buy or sell any products or services through the GradBetter Services other than someone authorized by GradBetter. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the GradBetter Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent; (c) any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the GradBetter Services or the networks or services connected to the GradBetter Services; (d) using any information obtained from the GradBetter Services in order to harass, abuse, or harm another person; or (e) using the GradBetter Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. If you believe that your work has been copied and posted on the GradBetter Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the GradBetter Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. GradBetter’s Copyright Agent for notice of claims of copyright infringement can be reached at legal@gradbetter.com, Subject: Notice of Infringement.

Privacy Policy. The use of the GradBetter Services is also governed by the GradBetter Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers. GradBetter is not responsible for any incorrect or inaccurate content posted on the GradBetter Services. GradBetter offers access to many 3rd party websites, much of which GradBetter has no control over. Examples include college admissions and online application links. GradBetter may have guidelines for content posted, but cannot control or monitor all content. The GradBetter Services may contain links to other websites. GradBetter is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GradBetter. Inclusion of any linked website on the GradBetter Services does not imply approval or endorsement of the linked website by GradBetter. When you access these 3rd-party websites, you do so at your own risk. GradBetter takes no responsibility for the goods or services provided by 3rd parties, including customers, sponsors, advertisers, strategic partners or affiliates. GradBetter is not responsible for the conduct, whether online or offline, of any user of the GradBetter Services. GradBetter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the GradBetter Services. GradBetter is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the internet or on any of the GradBetter Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the GradBetter Services. Under no circumstances shall GradBetter be responsible for any loss or damage, including personal injury or death, resulting from use of the GradBetter Services, attendance or participation in a GradBetter event or promotion, from any content posted on or through the GradBetter Services, or from the conduct of any users of the GradBetter Services, whether online or offline. The GradBetter Services are provided "AS-IS" and as available and GradBetter expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GradBetter cannot guarantee and does not promise any specific results from use of the GradBetter Services.

GradBetter is not affiliated with any college or educational institution. GradBetter is not intended to provide financial, investment or advice. Our estimates do not represent an actual financial award from a college, which can vary greatly. No estimates shall be binding on GradBetter.

Colleges set their own policies for eligibility and disbursement of financial aid, which may be higher or lower than historical levels or the estimates on GradBetter. Estimates may not apply to your specific situation. Please consult a qualified professional regarding financial decisions.

Limitation on Liability. IN NO EVENT SHALL GradBetter BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE GradBetter SERVICES, EVEN IF GradBetter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GradBetter’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GradBetter FOR THE GradBetter SERVICES DURING THE TERM OF YOUR USE OF THE GradBetter SERVICES.

Disputes. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. By accessing the Services, the parties consent to the jurisdiction of the State of New York. 

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR GradBetter’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and GradBetter concerning the Services 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. 

In the event of a dispute, you or GradBetter 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 via email to: legal@gradbetter.com. GradBetter 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 GradBetter 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 GradBetter may commence arbitration.

If you and GradBetter don’t resolve any dispute by informal negotiation, 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. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Indemnity. You agree to indemnify and hold GradBetter, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any 3rd party due to or arising out of your use of the GradBetter Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Submissions of feedback. GradBetter welcomes your feedback regarding improving our Platforms. You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of GradBetter, without any compensation to you; (2) GradBetter may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for GradBetter to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Electronic agreement disclosure. GradBetter uses electronic agreements with select customers. By completing your agreement, you consent to conduct business electronically, receive electronic agreements and sign electronically using your name and initials. You are not required to receive agreements electronically or sign using electronic signatures. If you prefer not to do so, you may request a copy of your agreement. You also have the ability to download, print, sign, scan or photograph an agreement and send it back. You may withdraw your consent at any time. However, any agreement signed prior to withdrawing your consent will be deemed valid.

Other. By using the GradBetter Platforms or any of the GradBetter Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and GradBetter regarding the use of the GradBetter Services. The failure of GradBetter to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at legal@gradbetter.com with any questions regarding this Agreement. Last updated: May 28, 2024.

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