The following terms and conditions govern all use of the Graded website, Graded mobile application and all content, services and products available at or through the website or mobile application. The Website and mobile application is owned and operated by Howlbits LLC. (“Graded” or “our” or “we”). The Website and mobile application is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Howlbits LLC/Graded’ Privacy Policy) and procedures that may be published from time to time on this Site by Graded (collectively, the Agreement).

Graded website and mobile application enable students and parents to access their school/district’s Home Access Center (HAC) and retrieve grades and class information.

Please read this Agreement carefully before accessing or using the Website or mobile application. By accessing or using any part of the web site or mobile application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website and mobile application or use any services. If these terms and conditions are considered an offer by Graded, acceptance is expressly limited to these terms. The Graded website/mobile application is available only to persons who are 13 years of age or older.

Your Graded Website or Mobile Application Access.

If you download Graded mobile application or use website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website or Mobile Application. Graded does not store or is not responsible for the data that is presented to you via our application. Any calculated values such as “Estimated GPA” or “Projected Score” when using “What if” feature or similar are approximate in nature and should not be treated as official scores or grades. Your data and credentials are not stored in Graded servers or we do not store these information on your local device. You must immediately notify your school/district of any unauthorized uses of your account or any other breaches of security. Graded will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  1. Graded reserves the right to ban any member or website from using the service for any reason
  2. Responsibility of Website and Mobile application: You are responsible for taking precautions as necessary to protect yourself and your computer systems and mobile devices from theft, breach, viruses, worms, Trojan horses, and other harmful or destructive content. Graded disclaims any responsibility for any harm resulting from the use by visitors and users of the Website and its Mobile application
  3. Intellectual Property: This Agreement does not transfer from Graded to you any Graded or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Graded, the Graded logo, and all other trademarks, service marks, graphics and logos used in connection with Graded, or the Website/Mobile application are trademarks or registered trademarks of Graded or Graded’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website/Mobile application may be the trademarks of other third parties. Your use of the Website/Mobile application grants you no right or license to reproduce or otherwise use any Graded or third-party trademarks.
  4. Changes: Graded reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website/Mobile applocation following the posting of any changes to this Agreement constitutes acceptance of those changes. Graded may also, in the future, offer new services and/or features through the Website/Mobile application (including, the release of new features, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  5. Termination: Graded may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Graded account (if you have one), you may simply discontinue using the Website/Mobile application. Graded may terminate the Website/Mobile application immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  6. Disclaimer of Warranties: The Website/Mobile application is provided “as is”. Graded and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Graded nor its suppliers and licensors, makes any warranty that the Website/Mobile application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website/Mobile application at your own discretion and risk. You represent and warrant that any content that you provide or upload onto the Website/Mobile application is solely owned by you and that you have all rights to it and there is no intellectual property or other claim that is reasonably foreseeable based upon your use of the content on our Website/Mobile application, including, but not limited to, its copying, distribution, or reproduction.
  7. Limitation of Liability: In no event will Graded, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Graded under this agreement during the twelve (12) month period prior to the cause of action. Graded shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  8. General Representation and Warranty: You represent and warrant that (i) your use of the Website/Mobile application will be in strict accordance with the Graded Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  9. Indemnification: You agree to indemnify and hold harmless Graded, its contractors, and its licensors, and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or related to your use of the Website, including but not limited to out of your violation this Agreement or content uploaded onto the Website.
  10. Miscellaneous: This Agreement constitutes the entire agreement between Graded and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Graded, or by the posting by Graded of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website/Mobile application or any claim or controversy involving your use of our website or the terms of this Terms of Service will be governed by the laws of the state of Texas and any dispute shall be exclusively filed in the federal or state courts in Dallas, Texas.
This Terms of Service was initially drafted from a version, which is available under a Creative Commons Sharealike license