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Terms Of Service

1. These terms of service are a legally binding contract between you and Engrade. Your use of the Engrade’s products, software, services, and web sites (referred to collectively as the "Services") is subject to this agreement. To use the Services, you must agree to these terms.

2. You agree that use of the Services does not constitute any basis for ownership of the Services and that Engrade owns all legal right, title, and interest in and to the Services. 

3. You agree to use the Services only for purposes that are permitted by these terms and any applicable law or regulation.

4. You are solely responsible for any content that you create, transmit, or display while using the Services.

5. Uses of certain Services requires a password, you are responsible for maintaining the confidentiality of all such passwords.

6. You agree to Engrade's Privacy Policy.

7. Your use of the Services is at your sole risk and the Services are provided "as is" and as available. Engrade disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Engrade does not represent or warrant that the Services will meet your requirements or that the Services will be uninterrupted, timely, or free from error.

8. You understand and agree that Engrade, its owners, subsidiaries, directors, employees, attorneys, affiliates, and licensors will not be liable to you for:

8.a. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but not be limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data, cost to procure of substitute goods or services, or other intangible loss;

8.b. any loss or damage that may be incurred by you as a result of: any changes that Engrade may make to the Services; any permanent or temporary cessation in the provision of the Services or any features of the Services); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; or your failure to keep your password or account details secure and confidential.

9. Engrade updates the Services frequently. You agree that Engrade can make changes, additions, substitutions, and reductions to the Services without notice to you.

10. Engrade reserves the right to stop providing the Services to you at any time for any reason without prior notice.

11. Some of the Services are supported by advertising revenue and may display advertisements and promotions. The manner, mode, and extent of advertising on the Services are subject to change without notice.

12. The Services may include hyperlinks to other web sites or content or resources. Engrade may have no control over the web sites or resources that are provided by other companies or persons. You acknowledge and agree that Engrade is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such web sites or resources.

13. These terms constitute the whole legal agreement between Engrade and you and completely replace any prior agreements between Engrade and you in relation to the Services. You agree that the company may provide you with notices, including those regarding changes to these terms, by email, regular mail, or postings on the Services. If the company does not exercise or enforce any legal right or remedy in these terms, this will not be a waiver of any rights, and those rights or remedies will still be available to the company. If any court rules that any provision of these terms is invalid, then that provision will be removed from these terms without affecting the rest of the terms and the remaining provisions of these terms will continue to be valid and enforceable.

14. These terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. Engrade and you agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, Californa to resolve any legal matter arising from these terms. Notwithstanding this, Engrade will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.





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