AGREEMENT TO OUR LEGAL TERMS
We are TimelyGrader AI ("TimelyGrader," "we," "us," "our"), a company registered in Canada at 2015 Main Street, Vancouver, British Columbia, V5T 0J8. We operate the website https://app.timelygrader.ai/ (the "Site") and any related products and services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services"). TimelyGrader is an AI-powered platform that enables educators to provide formative feedback and grading suggestions at scale.
You can contact us by phone at 7789298836, at info@timelygrader.ai, or by mail at 2015 Main Street, Vancouver, British Columbia, V5T 0J8, Canada.
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and TimelyGrader, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and decided to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. As stated in the email message, the modified Legal Terms will become effective upon posting or notifying you. By continuing to operate the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be directly supervised by their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before using the Services. We recommend printing a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. CANCELLATION
7. PROHIBITED ACTIVITIES
8. USER CONTENT
9. RIGHTS IN USER CONTENT; DATA USE; FEEDBACK
10. OUTPUTS
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. CALIFORNIA USERS AND RESIDENTS
24. MISCELLANEOUS
25. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). For certainty, Content excludes User Content (as defined in Section 8).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial, or internal business use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services, and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@timelygrader.ai. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying your content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)NOTICE AND POLICY" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information submitted will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside
, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
Suppose your order is subject to recurring charges. In that case, you consent to our charging your payment method repeatedly without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
6. CANCELLATION
You can cancel your subscription anytime by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current term.
If you are unsatisfied with our Services, please email us at info@timelygrader.ai or call us at 7789298836.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
8. USER CONTENT
8.1 Definitions. As used in these Legal Terms, “User Content” means any content, data, information or materials that you or another person acting through your account uploads, imports, submits, creates, or otherwise makes available to or through the Services, including assignment instructions, course materials, rubrics, student submissions, grades, comments, instructor feedback, prompts, files, and educational records. User Content does not include Feedback.
8.2 Your responsibility and authority. You are responsible for the User Content you provide or make available and for selecting the persons who may access it. You represent and warrant that: (a) you have all rights, permissions, consents, and lawful authority necessary to submit the User Content and instruct TimelyGrader to process it as described in these Legal Terms; (b) your submission of the User Content and TimelyGrader's processing of it pursuant to these Legal Terms will not violate applicable law or the rights of any person; (c) you will not submit personal information to the Services unless you are authorized to do so; and (d) if you use the Services on behalf of an educational institution, you are authorized by that institution to use the Services and submit the applicable User Content.
8.3 Content standards. You must not submit User Content that: (a) is unlawful or infringes, misappropriates, or violates another person's intellectual property, privacy, publicity, confidentiality, or other rights; (b) is submitted for the purpose of harassing, threatening, abusing, discriminating against, or defaming another person; (c) contains malware, harmful code, or a mechanism designed to collect or transmit data without authorization; (d) contains personal information that you are not authorized to disclose; (e) constitutes unauthorized advertising, solicitation, or spam; or (f) otherwise violates these Legal Terms or applicable law. These restrictions do not prohibit legitimate educational materials merely because they address sensitive, controversial, or mature subject matter.
8.4 Moderation and removal. TimelyGrader may review, restrict access to, disable, or remove User Content when reasonably necessary to operate or secure the Services, enforce these Legal Terms, respond to legal process, or protect the rights, property, or safety of TimelyGrader, its users, or others. TimelyGrader has no obligation to monitor User Content. Except for user-directed functionality and technical modifications reasonably necessary to provide the Services, TimelyGrader will not alter the substance of User Content.
9. RIGHTS IN USER CONTENT; DATA USE; FEEDBACK
9.1 User Content Rights. As between you and TimelyGrader, you retain ownership of User Content. You grant TimelyGrader a non-exclusive, worldwide, royalty-free and fully-paid up license, sublicensable in accordance with Section 9.2, to host, store, reproduce, process, analyze, transmit, display, format, and make technical modifications to User Content to: (a) provide, operate, maintain, secure, support, improve and troubleshoot the Services; (b) process User Content and generate and deliver grades, feedback, reports, and other outputs requested through the Services; (c) make User Content and related outputs available to you and to students, instructors, educational institutions, and other persons you authorize through the Services or your account settings; (d) prevent or investigate fraud, security incidents, misuse, or violations of these Legal Terms; and (e) comply with applicable law or binding legal process (collectively, the “User Content License”). The User Content License continues for the period during which TimelyGrader retains the applicable User Content in accordance with Section 9.6 and the Privacy Policy.
9.2 Confidentiality and restricted uses. TimelyGrader will use reasonable administrative, technical, and organizational safeguards to protect User Content. TimelyGrader will not disclose User Content except: (a) to you and persons you authorize; (b) to service providers, such as hosting providers and other contractors, who require the User Content in order to provide services to TimelyGrader, and who will be subject to confidentiality, security, retention, and data-use obligations appropriate to the nature of the User Content; (c) as required by applicable law or binding legal process; (d) in connection with a transfer of all or substantially all of TimelyGrader’s business, provided the recipient assumes the obligations applicable to User Content; or (e) as otherwise authorized by the applicable rights holder. Except as directed by you through the Services or separately authorized by the applicable rights holder, TimelyGrader will not: (i) use User Content for advertising, targeted advertising, marketing, endorsements, or promotional purposes; (ii) publish, broadcast, or publicly display User Content; (iii) use any name, image, voice, trademark, or logo contained in User Content for promotional purposes; (iv) create a profile of a student except as necessary to provide the Services requested by an authorized user; or (v) otherwise commercially exploit User Content independently of providing the Services. A permitted business transfer is not a sale of User Content for purposes of this Section if the recipient assumes these obligations.
9.3 Artificial-intelligence processing and training. You acknowledge that the requested functionality of the Services may involve automated processing and artificial-intelligence model inference to generate grades, feedback, reports, or other outputs. TimelyGrader does not use User Content to train, fine-tune, or otherwise improve its own artificial-intelligence or machine-learning models. TimelyGrader may use third-party general-purpose cloud infrastructure services (e.g., AWS, MongoDB, OpenAI) for security monitoring, performance optimization, or infrastructure management in connection with the Services, which third-party services may contain AI-enabled features that may be trained, fine-tuned or otherwise improved by such third-party service provider, provided that such AI-enabled features do not process, analyze, or generate outputs from User Content as a primary function. For certainty, processing User Content to generate an output requested through the Services, including transient processing, retrieval, prompt construction, and model inference, does not constitute training, improvement or fine-tuning, provided that the processing does not create retained learning from User Content for use across users.
9.4 Usage Data. “Usage Data” means technical, diagnostic, performance, and interaction data concerning the operation and use of the Services that is aggregated or otherwise non-identifiable of an individual. For certainty, Usage Data excludes User Content. TimelyGrader may use, disclose, store and otherwise handle Usage Data for any purpose, including without limitation, to provide, operate, secure, analyze, and improve the Services.
9.5 Feedback. “Feedback” means ideas, suggestions, comments, or other feedback about the Services that you voluntarily provide to TimelyGrader. Feedback does not include User Content, personal information, or confidential information. You grant TimelyGrader a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, disclose, distribute, and otherwise exploit Feedback for any lawful purpose without attribution or compensation to you.
9.6 Retention and deletion. Subject to Section 15, TimelyGrader will retain and delete User Content in accordance with the Privacy Policy, applicable user controls, and applicable law. The User Content License terminates when the applicable User Content is deleted, except that the licence will continue solely to the extent and for the period necessary to securely retain, recover, or delete backup copies, comply with applicable law, address security or fraud, resolve disputes, or enforce these Legal Terms.
10. OUTPUTS
“Outputs” means grades, feedback, reports, and other materials generated by the Services from User Content. Subject to TimelyGrader’s ownership of the Services and underlying technology, TimelyGrader grants you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display Outputs solely for educational and internal business purposes.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Third-party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any third-party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless for any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting that person to law-enforcement authorities where appropriate; (3) restrict access to, limit the availability of, disable, or remove User Content; (4) remove from the Services or disable files or content that are excessive in size, create a security risk, or are unduly burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://timelygrader-public-assets.s3.amazonaws.com/TimelyGrader+AI+PRIVACY+POLICY.pdf. By using the Services, you agree to be bound by our Privacy Policy incorporated into these Legal Terms. To the extent that User Content includes personal information, TimelyGrader will process that personal information in accordance with the Privacy Policy. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States. You expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit personal information from children or knowingly market to children. Therefore, by the U.S. Children’s Online Privacy Protection Act, if we know that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counternotification to [us/our Designated Copyright Agent] using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement1/25/24, 3:21 PM Termly https://app.termly.io/dashboard/website/4892ecc4-7042-419c-b0f0-1c84ae178065/terms-of-service 9/12
that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Chris Du
Attn: Copyright Agent
2015 Main Street,
Vancouver, British Columbia, V5T 0J8,
Canada
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY USER CONTENT YOU PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of the Province of British Columbia, and the federal laws of Canada applicable therein. TimelyGrader and you irrevocably consent that the courts of British Columbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
19. DISCLAIMER
THE SERVICES AND OUTPUTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUTPUTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND OUTPUTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ OR OUTPUTS’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND OUTPUTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TimelyGrader, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees from and against any third-party claim, loss, damage, liability, or demand, including reasonable legal fees and expenses, to the extent arising out of your breach of these Legal Terms. TimelyGrader will use reasonable efforts to notify you of the claim after becoming aware of it and will not settle a claim in a manner that admits liability by you or imposes a non-monetary obligation on you without your prior written consent, not to be unreasonably withheld.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal terms will not be construed against us by having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
TimelyGrader
2015 Main Street,
Vancouver, British Columbia, V5T 0J8,
Canada
Phone: 7789298836
info@timelygrader.ai
These Terms apply solely to individuals who access or purchase TimelyGrader through our self-service offering (“Self-Service Users”). These Terms do not apply to institutions, organizations, or users accessing TimelyGrader pursuant to a separate institutional, enterprise, or other written agreement with TimelyGrader.
