Terms of Use

Grads of Life Terms of Use

Last Updated: August 14, 2024

Welcome, and thank you for your interest in Year Up, Inc. (“Grads of Life,” “we,” “our,” or “us”) and our website at https://gradsoflife.org, including subdomains of that website (collectively, the “Site”). These Terms of Use are a legally binding contract between you and Grads of Life regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY AGREEING TO, ACCESSING, OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR ACCESS TO OR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (DEFINED BELOW) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND GRADS OF LIFE’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY GRADS OF LIFE AND BY YOU TO BE BOUND BY THESE TERMS.

Overview. The Site provides information about Grads of Life and our various advisory resources, which may include, among other things, information about skills-first hiring, talent management, skill development, and related research and materials.
Eligibility. By accessing or using this Site, you represent and warrant to us that your access to and use of the Site is in compliance with any and all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, then (a) “you” will refer to that entity, organization, or company and (b) the individual accessing or using this Site on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Licenses
(a) Limited License. Subject to your complete and ongoing compliance with these Terms, Grads of Life grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
(b) License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and you may not permit a third party to: (i) use the Site for any illegal purpose or in violation of any local, state, national, or international law; (ii) harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Site; (iii) infringe, misappropriate, or violate any intellectual property rights in or to the Site, including by reproducing, distributing, publicly displaying, or publicly performing the Site and all Materials (defined below) thereon; (iv) make modifications to the Site; (v) interfere with or circumvent any feature of the Site, including any security or access control mechanism, or interfere with a user’s enjoyment of the Site; (vi) reverse engineer or otherwise attempt to discover the source code of the proprietary software powering any portion of the Site; (vii) use the Site for commercial purposes, including to sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; (viii) use the Site to develop new products and services (including, without limitation, for developing, training, and fine tuning artificial intelligence and machine learning models) without Grads of Life’s express written permission, or (ix) use or facilitate others to use the Site by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy, or download data or other content found on or accessed through the Site, whether current or archival.
(c) Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Grads of Life an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
(d) Permission to Download or Print. You may download or print certain content on the Site, provided that you will not, and will not permit a third party to: (i) remove or modify the copyright and other proprietary notices contained in or on such content; (ii) modify the content; (iii) without Grads of Life’s prior written consent, use the content in a manner that suggests that Grads of Life promotes or otherwise endorses your, or any third parties’, causes, ideas, websites, products, services, or any other information; (iv) use the content in a way that harms others; or (v) use the content in a way that otherwise violates these Terms or any applicable law or regulation. For avoidance of doubt, you may not use Grads of Life’s name, logos, service marks, quotes, or other identifying information, or any other materials on the Site, in any way (including in a press release, article, or other media) without Grads of Life’s prior written approval.
Ownership; Proprietary Rights. The Site is owned and operated by Grads of Life. The visual interfaces, graphics, designs, compilations, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) are protected by intellectual property and other laws. All Materials included in the Site are the property of Grads of Life or its third-party licensors. Except as expressly authorized by Grads of Life, you may not use the Materials. Grads of Life reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Services and Linked Websites. The Site may contain links to third-party websites. Linked websites are not under Grads of Life’s control, and Grads of Life is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such third-party services. Once sharing occurs, Grads of Life will have no control over the information that has been shared. Inclusion of third-party links and information about third parties on the Site do not imply Grads of Life’s endorsement of the information, materials, products, or services of any third party or any other website. Grads of Life disclaims all liability with regard to your access to and use of such information, materials, products, or services and any transactions you may enter into with such third parties.
Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. You agree to be bound by the most current version of these Terms each time you access or use the Site. Except as expressly permitted in this Section 6, the Terms by which you and we are bound may be amended only by a written agreement signed by authorized representatives of each of you and us. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Modification of the Site. Grads of Life reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Grads of Life will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
Term and Termination. These Terms are in effect at all times that you access or use the Site. If you violate any provision of these Terms: (a) you must immediately cease all use of the Site; (b) your rights under these Terms are terminated and you are no longer authorized to access or use the Site; and (c) all definitions and Sections 3(b), 3(c), 4, 6, 8 and through 12 will survive termination.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Grads of Life and its officers, directors, employees, consultants, affiliates, subsidiaries, licensors, suppliers, and agents (together, the “Grads of Life Entities”) from and against every claim brought by a third party against a Grads of Life Entity, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or related to: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or other proprietary right or right of publicity, confidentiality, or privacy; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of the applicable claims.
Disclaimers; No Warranties
(a) THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GRADS OF LIFE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GRADS OF LIFE DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GRADS OF LIFE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR GRADS OF LIFE ENTITIES, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SITE (INCLUDING ANY CONTENT THAT YOU MAY DOWNLOAD), WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND GRADS OF LIFE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR ACCESS TO OR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.
(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. GRADS OF LIFE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT GRADS OF LIFE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GRADS OF LIFE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GRADS OF LIFE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GRADS OF LIFE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO ACCESS OR USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 USD.
(c) EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Miscellaneous
(a) General Terms. These Terms, together with the Privacy Policy available at: https://gradsoflife.org/privacy-policy (the “Privacy Policy”) and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Grads of Life regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
(b) Governing Law. These Terms are governed by the laws of the New York without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and Grads of Life submit to the personal and exclusive jurisdiction of the state courts and federal courts having jurisdiction over New York, New York, for resolution of any lawsuit or court proceeding permitted under these Terms.
(c) Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
(d) Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of Grads of Life (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
(e) Contact Information. The Site is offered by Year Up, Inc., located at 45 Milk St. Fl 9, Boston, MA 02109. You may contact us by sending correspondence to that address or by emailing us at info@gradsoflife.org.
(f) Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
(g) International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
(h) Violations. You agree that you will report any violations of these Terms to Grads of Life at info@gradsoflife.org.