Terms and Conditions of HigherGrad

These Terms and Conditions of Use (the "Terms") constitute a legal agreement between you (except as otherwise defined herein, a "User") and HigherGrad, Inc. ("HG"), for the use of this Internet Website (the "Website"), highergrad.com (“Site”). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by HG and all applicable laws and regulations. Accessing or using this Website indicates that User has reviewed these Terms, agrees to be bound by these Terms, and represents and warrants to HG that User is authorized to enter into and be bound by these Terms on User's behalf or on behalf of the entity that User represents. The User also agrees to the Privacy Policy and all terms within.

HG maintains this Website to provide educational related information and services and to facilitate the purchase and use of HG products and services on the Site by registered Users. Any access or attempt to access other areas of the HG computer system or other information contained on the system for any purposes is strictly prohibited.

  1. Website Use.

    1. Definitions: "Users" shall be defined as Opportunity Posters (“OP”) or Opportunity Seekers (“OS”), as well as anyone else who uses the website. OP shall be defined as all employees and agents of the employer who use the website to purchase products (recruitment or advertising) or list postings. OS shall be defined as anyone who uses the website who is not an OP.
    2. Registration: If a User chooses to establish an account on the Site, he or she shall register for their own user account. HG prohibits multiple user accounts. Users that wish to create an account must register on the Site. HG may accept or reject any request for registration in its sole discretion. User represents, warrants and covenants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. User is solely responsible for maintaining the security of its account and password. User is solely responsible for any use of or action taken under its account and password on the Site. User is responsible for changing its account name and password if either is compromised. User agrees that HG, in its sole discretion, may terminate User's password or account or use of the Site for any reason, including, without limitation, for lack of use, or if HG believes that User has violated or acted inconsistently with these Terms. User agrees that any termination of User's password or account or use of the Site may be effected without prior notice, and acknowledges and agrees that HG may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such information and files. Further, User agrees that HG shall not be liable to User or any third-party for any termination of User's access as provided herein.
    3. Copyright: User agrees that it will not republish, reproduce, sell, resell, distribute (through framing or otherwise) or make any commercial use of the Site, or any of the information available through this Site, except for the limited uses permitted pursuant to Section 7 below. All information with the Site is copyrighted by HigherGrad, Inc.
    4. Proper Use: User agrees that while using this Site, User will not transmit or post on the Site: (i) any message or information under a false name; (ii) any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; (iii) any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information which would violate a person's rights of privacy or publicity; (iv) any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; or (v) any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, patents, privacy and publicity rights, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion. HG maintains the exclusive right to determine what constitutes a violation of subsections (i) - (v) above.
    5. Law Compliance: User agrees to comply with all applicable laws, statutes and regulations regarding use of this Site. User may not register under a false name, impersonate any other User, use an invalid or unauthorized credit card or use another User's password. HG may report fraudulent conduct to law enforcement authorities, and HG will cooperate to ensure that violators are prosecuted to the fullest extent of the law. In addition, HG reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. In order to cooperate with governmental requests, to protect HG's systems and customers, or to ensure the integrity and operation of HG's business and systems, HG may access and disclose any information it considers necessary or appropriate, including, without limitation, User Personally identifiable information (as permitted in our Privacy Policy), IP addressing and traffic information and usage history. HG does not sell, rent, or give personally identifiable information about Users to third parties except as specified in our Privacy Policy, which is hereby incorporated herein.
    6. Recommendations: User hereby agrees that any recommendations made by User for the improvement of this Site shall be the sole property of HG, and that any recommendations submitted to HG via this Site by User will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such recommendations worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
  2. Website Content.

    1. The information and materials posted on this Site by HG or Users may contain errors, omissions, or typographical errors or may be out of date. HG may change, delete or update any information or materials posted by HG at any time, from time to time, without prior notice. The information and materials posted on this Site by HG are provided for informational purposes only and are not binding on HG in any way except as otherwise expressly agreed to in writing by HG.
    2. Links and references to other Internet Websites operated by third parties do not constitute sponsorship, endorsement, or approval by HG of the content, policies, or practices of such linked or referenced Websites. Linked and referenced Websites are not operated, controlled, or maintained by HG, and HG is not responsible for the availability, content, policies, or practices of linked or referenced Websites. Links and references to other Websites are provided for User's convenience only, and User accesses them at User's own risk. HG MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES.
  3. DISCLAIMER OF WARRANTY. THIS SITE AND ALL SITE CONTENT IS PROVIDED TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. USER ACCESSES THIS SITE AT USER'S OWN RISK. Without limiting the generality of the foregoing, (i) HG makes no warranties or representations whatsoever concerning this Site or any other internet website, the access to, or the availability or use of, this Site or any other internet website, the information, materials, records or documents from whatever source posted on or referred to in this Site or any other internet website or the content, accuracy, completeness or timeliness of such information, materials, records or documents; (ii) HG does not warrant or represent that User's access to, or use of, this Site or any other internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other internet website is, or the records, documents, software or files from whatever source available for use or downloading are free of computer viruses or other harmful components; (iii) HG does not represent or warrant that any products or services listed on, or accessed through, this Site will be available for purchase and under these Terms makes no representation or warranty of any kind whatsoever concerning such products or services; and (iv) HG does not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site.

  4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL HG BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS SITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF HG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER'S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS SITE SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.

  5. Trademarks and Copyrights. Unless otherwise noted, the trademarks, logos, and service marks used on this Site are owned by HG or by third parties that have licensed their use to HG. User may make a single copy of the content of this Website for the purpose of learning about, evaluating or acquiring HG's products, provided that any copy made contains all copyright notices, trademark legends, or other proprietary rights notices. Other use of these marks or Site content (including job postings), except as specifically permitted in these Terms or in a writing signed by HG, is strictly prohibited. User shall not store electronically any significant portion of this Website.

  6. Indemnification. User agrees to defend, indemnify and hold harmless HG, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and this Site and any product or service provided to User arising out of or relating to User's use of this Site.

  7. Limited Use. HG grants to User its limited permission to display on User's computer, print, download and use solely for purposes of posting job openings, as to OP, or searching for opportunities for themselves, for OS, the underlying HTML, text, images, audio clips, video clips, software and other content available on this Site. The site content may be shared by Users such that the Users do not take credit for HG content. No other use is permitted.

  8. Restricted Access. Certain pages on this Site require a password. Any access or attempted access to restricted pages without first obtaining a password from HG is unlawful and could result in civil and/or criminal penalties. HG reserves the right to issue a password to any person or entity, or revoke a password at any time without notice.

  9. Terms Applicable to Opportunity Posters and Use of the Website

    1. An individual posting is intended to advertise one single open position at an organization. A position posting is sold based per opening and is not a license for duration of time to advertise multiple positions. The posted position must be a bona fide open position which needs to be filled by a candidate. HG reviews each posting prior to adding it to the Site and reserves the right to reject any posting that does not follow the Terms.

    2. By posting a position on this site or purchasing a promotional product, OP warrants that the posting is in compliance with all laws, including, but not limited to, all federal employment discrimination laws (Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e and following; the Age Discrimination in Employment Act, 29 U.S.C. § 621 and following; the Americans with Disabilities Act, 42 U.S.C. § 12101 and following; the Rehabilitation Act of 1973, 29 U.S.C. § 791 and following; the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 and following; 42 U.S.C. § 1981; and Executive Order 11246 and its implementing regulations (collectively, the "Federal Employment Discrimination Laws")). All (not just the laws listed above) local, state and federal laws shall be followed prior to, during and after posting a position on the Site. HG is not responsible for legal actions that may be taken if a position or the selection of a candidate for a position violates local, state or federal laws.

    3. The Internet is NOT a completely secure format and requires the attention of all parties involved to keep the materials accurate. HG will exercise commercially reasonable care in protecting the security of this Site. However, mistaken postings may occur and the OP is required to review the insertion of the posting after receiving the posting confirmation email and call to the attention of HG any error. In the event of an error, the sole obligation of HG will be to use commercially reasonable efforts to correct the error.

    4. OP warrants that it is legally authorized to advertise the posting or purchase a promotional product, and that their posting does not infringe on any copyrights, patents, trademarks or violate any contracts to which the OP is a party. OP will indemnify HG defend, and hold harmless HG, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs) for any claims made by third parties related to the advertisements. HG reserves the right to reject any submitted order without having to state a specific reason. Possible reasons for rejection include, but are not limited to: Accreditation of the institution, content of the posting, applicability to the site's OS, authenticity of the order and past credit history with the company.

    5. By posting to this Site, OP authorizes HG to post this position on other sites which are wholly owned by the company or to promote the posting at no extra charge to the Employer. HG does not and will not share any posting with any other company without a specific authorization from the OP. If Employer sees their posting on another site (other than HG sites), please contact us immediately as the other site is not authorized to have our content.

  10. Payment

    1. Payments are made through our SSL secure online checkout system and Stripe®, a trusted secure third party merchant service.

    2. The fees for all types of posting products (and their duration, if applicable) are listed and updated at the Site and are hereby incorporated by reference in this agreement, including any updates to such pricing without any requirement of notice for such changes.

    3. All prices are quoted in U.S. Dollars and are valid and effective only in the United States. HG reserves the right, without prior notice, to discontinue or change specifications on any products or services offered or provided on this Site without incurring any obligations to User or any third party.

  11. Changes in Terms; Termination.

    1. HG shall have the right at any time, and from time to time, without prior notice, to modify this agreement or to impose new terms and conditions with respect to access to or use of this Site. Such modifications and additions shall be effective immediately upon posting to the Home Page of this Site. Notice may be given by any means, including, without limitation, posting the modified or additional terms and conditions on the Home Page of this Site. Any access or use of this Site by a User after notice of modifications or additions to these Terms shall constitute and be deemed to be such User's agreement to such modifications or additions.

    2. HG shall have the right to modify or discontinue, temporarily or permanently, this Site, any products or Services offered or provided by HG through this Site, or any User's right to access or use any portion of this Site, in HG's sole discretion, at any time and without prior notice. User acknowledges and agrees that HG shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Site or any products or Services offered or provided by HG through this Site.

  12. Applicable Law. HG controls its Site (excluding linked sites) from its offices in Carlisle, Pennsylvania, United States of America and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site or use of any of its content from locations where such use or content is illegal is prohibited. By accessing this Site User agrees that the statutes and laws of the Commonwealth of Pennsylvania, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if User uses this Site from any other location, User is responsible for compliance with applicable local laws. All postings are intellectual property of HG and all parties are strictly prohibited from any form of reproduction of this content. All posters acknowledge the posting placed on HG is the intellectual property of HG and may also be placed on any other appropriate site owned by HG.

  13. Copyright Protection: HG honors the intellectual property rights of others and asks the same of Users of this site. HG may, in its sole discretion, terminate the accounts or access rights of Users, for any reason, including without limitation if HG discovers that a User's actions may infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide HG with the following information: (a) a physical or electronic signature of a person authorized to act on the behalf of the owner of the intellectual property; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works, a representative list; (c) 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 HG to identify the material; (d) information that is reasonably sufficient to permit HG to contact the complaining party, such as address, telephone number and, if available, e-mail address; (e) 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 (f) 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. HG can be contacted at:

    Phillip J. Manning
    Chief Operating Officer
    212 Richland Road
    Carlisle, PA 17015
    717-991-1095

  14. Miscellaneous.

    1. Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement of the parties (unless described otherwise in this agreement) with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

    2. Waiver: These Terms may be waived only in a writing signed by an officer of HG. No waiver by HG of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.

    3. Force Majeure: HG shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

    4. Non-Assignment by User: These Terms shall be binding on the successors and assigns of the parties, including but not limited to the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without HG's prior express written consent.

    5. Rights and Remedies Not Exclusive: No right or remedy conferred upon or reserved to HG by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon HG by these Terms and by law shall be cumulative and in addition to any other right or remedy available to HG.