Effective as of: 10/15/2020
Your use of the Platform, in whole or in part, including but not limited to, setting up a Product account, constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these terms carefully and completely as they set forth your rights and obligations with respect to your use of our Platform. Your rights to use our Platform are limited by applicable federal, state, and local laws and regulations.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM IN ANY WAY.
REVIEW THE TERMS CAREFULLY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Product and Services Do Not Provide Medical or Educational Advice.
The Platform is designed for educational and entertainment purposes only. THE PLATFORM, ITS CONTENT, AND SERVICES DO NOT CONSTITUTE MENTAL HEALTH OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR EDUCATIONAL ADVICE. Accordingly, the information set forth on the Platform (or in any materials downloaded or purchased from or through the Platform) is not a substitute for professional mental health or medical advice, diagnosis, or treatment or educational advice.
IF YOU ARE IN NEED OF MEDICAL OR MENTAL HEALTH ASSISTANCE, NOW OR IN THE FUTURE, YOU MUST CONTACT A MEDICAL OR MENTAL HEALTH PROVIDER. IF YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY CALL 911. The Platform is not actively monitored.
Please do not rely on any portion of our Platform to make medical, mental health or educational decisions. These decisions should be made in conjunction with individual healthcare providers or educational counselors. Before taking any action based on any of the information on the Platform, please consult your physician, mental health professional or your college counselor. Never disregard professional mental health or medical advice or delay in seeking treatment because of something you have seen on the Platform.
2. Acceptance of Terms.
Grit is pleased to provide the information on the Platform conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by Grit from time to time without notice to you by posting revised Terms on the Products and our Websites. You can review the most current version of the Terms at any time by clicking on the terms and conditions link on the Product and on our Websites. By using the Platform after any modification of the Terms, you agree to be bound by such modification(s). Grit has the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:
(1) change or terminate all or any part of the Platform;
(2) restrict or terminate your access to all or any part of the Platform; or
(3) refuse, move, or remove any content that is available on the Platform and any material that you submit to the Platform.
The Platform is available only to individuals and entities that can form legally-binding contracts under applicable law. Without limiting the foregoing, the Platform is intended for adults 18 years of age or older. By accessing the Platform, you represent that you are 18 years of age or older. Additionally, some Products are only available through an agreement between Grit and, as applicable, your school, employer or other association. For these products, your school, employer, or other association may impose additional obligations on your use of the applicable Product. If you do not qualify, please do not use the Platform. Grit reserves the right to deny access and/or registration to the Platform to anyone at any time in its sole and absolute discretion.
3. License/Access to the Product.
Grit hereby grants you a revocable and nonexclusive right and license to use and access the Platform (including any underlying software) in a manner that is consistent with the Terms and the Platform’s intended purposes. Grit reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these Terms.
Grit is providing you with the information and functionality in the Platform. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. Any and all parts of the Platform are subject to availability.
4. Account and Password Security.
Grit may allow Platform users to select a password and account designation upon completing a registration process for an online service provided through the Platform. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify Grit immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You may only set up one account for each Product and must do so in your own name. You further agree not to use anyone else's password on the Platform. Grit cannot and will not be liable for any loss or damage arising from your failure to comply with this provision or any of the Terms. If Grit suspends or terminates any of your Product accounts under these Terms, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel any or all of your Product accounts at any time by contacting email@example.com and following the instructions you will receive.
5. User Obligations.
In consideration of your use of the Platform, you agree to be subject to certain obligations. You agree that you will only use the Platform for its intended purposes, and not for other commercial ventures without first seeking approval from Grit. For any personal information that you provide to us through the Platform, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Grit has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Grit has the right to refuse any and all current or future use of the Platform (or any portion thereof).
By using the Platform, you may need to interact with other Platform users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectful, and consistent with these Terms. Grit is not responsible for the conduct of any other user who may interact with you, regardless of whether or not the contact is made through the Platform.
6. Other Prohibited Conduct.
Without limitation, you agree not to engage in any activity on the Platform that:
- defames, threatens, abuses or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- infringes another's rights to intellectual property, publicity, privacy, or contract;
- collects or stores personal information about other Platform users;
- contains unsolicited or unauthorized advertisements, promotions, commercial solicitations, contests or surveys (unless you have Grit’s written consent to do so);
- contains, transmits or disseminates spam or unsolicited bulk email, chain letters, or information intended to assist in the placement of a bet or wager;
- contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Platform, or any software, hardware or other related equipment;
- attempts to defeat or circumvent security features, or attempts to utilize the Platform for any purpose other than its intended purposes;
- disrupts, imposes an unreasonable or disproportionately large strain on, or otherwise interferes with the Platform or the networks or servers used by Grit;
- is designed to hack into or gain unauthorized access to protected areas of the Platform and/or Grit’s computers, servers or networks, and/or any computers or systems used by other users of the Platform;
- makes unauthorized attempts to modify any information stored on the Platform;
- uses any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Platform;
- impersonates any person or entity, misrepresents your connection or affiliation with a person or entity, or otherwise communicates false or misleading information or content through the Platform;
- violates any federal, state, or local laws or regulations; or
- constitutes, discusses, incites or promotes illegal activity.
The previous list of prohibitions is not exhaustive. Grit reserves the right (but not the obligation) to review, refuse, edit, or delete any user generated content (UGC) you post to the Platform and to terminate your access to the Platform or any portion thereof at any time without notice for any reason whatsoever.
Grit does not endorse or represent the reliability, accuracy, quality, or usefulness of any information, or services displayed on the Platform and the opinions and recommendations contained on the Platform are not necessarily those of Grit nor endorsed by Grit. Grit shall not assume any responsibility or liability for any inaccuracies, errors or omissions in the Platform. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Platform. You acknowledge that you may not rely on any content on the Platform and that any reliance on any content, opinions or recommendations offered on the Platform is done at your risk.
8. Third-Party Websites.
Grit may also allow interaction between the Platform and other third party sites such as Twitter and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the Platform that when used, may allow you to share content from the Platform or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. Grit has no control over these third party sites and you use these interaction functions at your own risk. Grit is in no way liable for any harm to you as a result of using one of these interaction functions.
9. Intellectual and Other Proprietary Rights.
The Platform and the content contained on the Platform are provided solely for your personal non-commercial use in accordance with these Terms. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform.
Other than the exceptions referenced in these Terms or noted elsewhere, the major exception being UGC uploaded/posted by Platform users which remains the property of the users, you acknowledge and agree that all other content contained in the Platform is the property of Grit or its third party licensors and is protected by copyright, trademark, or patent law, and other proprietary rights and laws (referred to herein as “Platform Property”).
Certain elements of Platform Property, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Except as expressly authorized by Grit, you agree not to modify, distribute, copy, reproduce or create derivative works based on Platform Property, in whole or in part. You may not reverse engineer, decompile, or disassemble the Platform Property or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. No right, title or interest in any Platform Property is transferred to you as a result of you accessing, downloading, or printing such content from the Platform. You acknowledge that you have no right, title or interest in or to the Platform and/or Platform Property. Grit independently operates all portions of the Platform and independently owns, or licenses from third parties, all portions of the Platform Property.
Those portions of the Platform Property owned by Grit or third parties are the copyright of Grit or such third parties as applicable. All rights not expressly granted herein are reserved by their respective owners. You agree that all trademarks, trade names, service marks, logos and service names are trademarks and are property of the applicable owner (the “Marks”). You agree not to display or use in any manner the Marks, without the express prior permission of the respective owner. Any use of Platform Property must display the appropriate copyright, trademark and other proprietary notices.
There may be other content located on the Platform not owned by Grit, and you should respect those property rights as well. Other marks, names and logos on the Product are the property of their respective owners.
11. DISCLAIMER OF WARRANTIES.
You expressly understand and agree that:
To the extent permitted by law, your use of the Platform is at your sole risk and the Platform and information and material in the Platform, including any goods or Services provided on or through the Platform, are provided on an “AS IS” and “AS AVAILABLE” basis.
To the extent permitted by law, GRIT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PLATFORM, INFORMATION AND MATERIAL IN THE PLATFORM, OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE PLATFORM and Grit does not warrant or represent that any content or information on or in the Platform are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses, or bugs
To the extent permitted by law, WITH RESPECT TO THE PLATFORM AND INFORMATION AND MATERIAL IN THE PLATFORM, GRIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE.
You hereby acknowledge that the Platform may not be available due to any number of factors including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of god, unauthorized access, viruses, denial of service or other attacks, technical failure of the Platform, telecommunications infrastructure, or disruption, and therefore, to the extent permitted by law, GRIT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PLATFORM CAUSED BY SUCH FACTORS.
No advice or information, whether oral or written, obtained by you from Grit or through or from the Platform shall create any warranty not expressly stated herein.
12. RELEASE OF LIABILITY AND INDEMNIFICATION
California residents or users: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”
New Jersey users: IF YOU ARE ACCESSING THE PLATFORM FROM NEW JERSEY, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE PLATFORM; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE PLATFORM; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASED PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE RELEASED PARTIES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
The proprietary rights, disclaimer of warranties, representations made by you, release of liabilities, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this agreement ends shall survive the termination of this agreement or these Terms.
13. LIMITS ON LIABILITY.
To the extent permitted by law, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR:
- the contents of any communication, message, or information posted by other third parties;
- the content of any website or application or other product not controlled, owned, or operated by Grit that is accessed from or linked to the Platform;
- the content, services or information provided by any website, application, or other product purporting to be operated by Grit, whether or not actually affiliated with, controlled, owned, or operated by Grit;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and no term or condition of these Terms shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of state and federal law, as applicable now or hereafter amended; and
- any damages whatsoever, including but not limited to, any direct, indirect, incidental, special, exemplary, punitive, actual, consequential damages, or other indirect damages, including loss of revenue or income, loss of use damages, lost data, loss of goodwill, business interruption, pain and suffering, emotional distress, or similar damages, even Grit has been advised of the possibility of such damages, arising out of or relating to: (i) the use or inability to use the Platform or any goods or services offered on or through the Platform; (ii) any transaction conducted through or facilitated by the Platform; (iii) any claim attributable to errors, omissions, or inaccuracies on the Platform; and/or (iv) any other matter relating to the Platform, any good or service offered on or through the Platform, and/or any links on the Platform.
To the extent permitted by law, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO GRIT AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS, THE PLATFORM, OR ANY GOOD OR SERVICES OFFERED ON OR THROUGH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM OR THE APPLICABLE PORTION THEREOF.
You agree that Grit in its sole discretion and with or without notice, may terminate your use of the Platform (or any part thereof) for any reason, including, without limitation, for lack of use or if Grit believes that you have violated or acted inconsistently with the letter or spirit of the Terms, or in the case of any activity by you that may harm Grit or other users, including, but limited to, fraud, abuse of promotions or privileges, or misuse of the Platform. Grit may also at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform (or any part thereof) under any provision of the Terms may be affected without prior notice, and acknowledge and agree that Grit may immediately bar any further access to the Platform (or any part thereof). Further, you agree that Grit shall not be liable to you or any third party for any termination of your access to the Platform (or any part thereof).
15. Notice and Procedure for Copyright Infringement Claim.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), Grit reserves the right, but not the obligation, to terminate your right to use the Platform if Grit determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Grit accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Grit has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Grit’s designated agent to receive notification of claimed infringement is:
Grit Digital Health, LLC
2128 15th Street
Denver, CO 80202
Grit respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send a detailed message to the designated agent listed above with the following information (under the DMCA, the following information must be included in the message): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) an identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of where the material that you claim is infringing is located on the Platform that is reasonably sufficient to permit Grit to locate the material; (iv) information reasonably sufficient to permit Grit to contact you as the complaining party, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that any content on the Platform violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to firstname.lastname@example.org detailing your allegation.
16. Dispute Resolution, Arbitration, Choice of Law.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
To the extent permitted by law, YOU AGREE THAT BY USING THE PLATFORM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. You agree that you may bring claims against the Released Parties only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE PLATFORM, OR YOUR DEALINGS WITH THE RELEASED ENTITIES SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the commercial arbitration rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the arbitration rules and procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Grit agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, you must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Denver, Colorado. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action or class arbitration. You understand and agree that by agreeing to resolve any dispute through individual arbitration, you are waiving the right to a court or jury trial. Any dispute shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. The arbitrator may not consolidate the claims of multiple parties.
You agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state or federal courts of competent jurisdiction located in Denver, Colorado, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these terms. This arbitration agreement will survive termination of your use of the Platform and your relationship with the Released Parties. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, within 45 days of when you first use the Platform or submit through the Services a request for information, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” to the following address:
Grit Digital Health, LLC
2128 15th Street
Denver, CO 80202
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or federal courts in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.
17. U.S. Operations.
Certain software elements of the Platform may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
18. Comments & Feedback.
Under California Civil Code § 1789.3, California Platform users have the right to contact the Product Entities or Grit with any complaints or to seek additional information. You may email the Product Entities or Grit at email@example.com. You may also call (720) 407-8920. For any physical documents, you may send mail to 2128 15th Street, Denver, CO 80202. If California users have any questions or complaints about Grit they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
Grit’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Grit in writing.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement and remain in full force and effect to the extent permitted by law.
21. Time Limitation.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Platform must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
23. Entire Agreement.
These Terms constitute the entire agreement between you and Grit with respect to the Platform and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Grit with respect to the Platform.
Last Updated: 10/15/2020
1. Information We Collect
Information We Collect From You
Some of our Products may collect information that is protected under the Family Educational Rights and Privacy Act (“FERPA”). In accordance with FERPA authorization, except for your school-issued login credentials you use to login to these Products through the single sign-on feature described below, we may collect your self-reported Personal Information that is subject to FERPA (“FERPA Personal Information”) through your use of these Products. Our collection of this FERPA Personal Information is authorized via partnership with your school and your FERPA Personal Information will only be used by us as authorized by your school. A school may be defined as a participating higher education entity that has authorized the use of these Products for its student body.
Information We Automatically Collect
When you use portions of our Platform, including, but not limited to, our Products and Websites, some information is automatically collected. For example, when you visit our Websites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the websites you visited before visiting our Websites are logged automatically (“Usage Information”). We also collect information about your usage and activity on our Platform.
We may collect information using web beacons, clear gifs, pixel tags or other similar technologies . These technologies are electronic images that may be used on our Platform or in emails we send. We use these technologies to deliver cookies, count visits, understand usage and observe data on email delivery, open rates, link click rates, bounces, unsubscribes and other information.
We may also use third-party solutions with cookie tracking such as those outlined below:
- Facebook Pixel, a cookie placed by Facebook, enables us to measure the effectiveness of advertising campaigns served on Facebook. The information collected by that cookie will be transmitted to and stored by Facebook. For more information about Facebook’s privacy practices, please refer to https://www.facebook.com/about/privacy/. To opt-out, please see https://www.facebook.com/ads/preferences.
- LinkedIn Insight Tag, a cookie placed by LinkedIn, enables us to measure the effectiveness of advertising campaigns served on LinkedIn. The information collected by that cookie will be transmitted to and stored by LinkedIn. For more information about LinkedIn’s privacy practices, please refer to https://www.linkedin.com/legal/privacy-policy. To opt-out you can update your advertising preference through your LinkedIn account. If you do not have a LinkedIn account, LinkedIn allows you to opt-out of targeted advertising by visiting https://www.linkedin.com/psettings/guest-controls.
Information Collected from Other Third Parties
We may receive your Personal Information from third parties, including your school or employer (depending on which Products you use), our business partners and third parties we collaborate with on the development and operation of our Products and Services, social media sites, ad networks and analytics providers. We may also receive your Personal Information from others that refer you to our Platform.
Some of our Products may also provide the ability to register and sign in through other services you already utilize. Please see the following sections for information on which services are available, what data we receive, and how that data is used.
- School Single Sign-On: Some of our Products may offer the ability for you to register and sign-in through a school-issued credential or by using a username or password. In these instances, you will either follow the single sign-on steps to login through your school issued credentials, or you will be asked to set up a username and password, depending on the approach your school elected to adopt. In either case, we ensure the same data security and privacy standards for the data you provide.
- Apple Single Sign-On: Some of our Products may offer the ability for you to register and sign in using your Apple ID. As with single sign-on for school-based logins, this option only gathers the minimum data necessary to create a user within the applicable Product(s). These Products will store and utilize the following attributes: first name, last name, email address, IP address, device model, device operating system and web browser in order to create your user record. These Products may also store and utilize the following attributes: time zone, disk space, carrier, screen size, processor cores, total disk space and remaining disk space. Your Apple data will not be sold, redisclosed, or edited through this process. We only collect the above noted data, regardless of other data you may have allowed for public consumption. Access to this registration and sign-in option may be limited by which Product(s) you access or having a compatible device/operating system that meets Apple requirements. By using the Apple single sign-on service, Apple will know that you are signing into our Products and that you are a user of our Products.
- Google Single Sign-On: Some of our Products may offer the ability for you to register and sign in using your Google Account. As with single sign-on for school-based logins, this option only gathers the minimum data necessary to create a user within the applicable Product(s). These Products will store and utilize the following attributes: first name, last name, email address, IP address, device model, device operating system and web browser in order to create your user record. These Products may also store and utilize the following attributes: time zone, disk space, carrier, screen size, processor cores, total disk space and remaining disk space. Your Google data will not be sold, redisclosed, or edited through this process. We only collect the above noted data, regardless of other data you may have allowed for public consumption. Access to this registration and sign-in option may be limited by which Product(s) you access or having a compatible device/operating system that meets Google requirements. By using the Google single sign-on service, Google will know that you are signing into our Products and that you are a user of our Products.
- Facebook Single Sign-On: Some of our Products may offer the ability for you to register and sign in using your Facebook Account. As with single sign-on for school-based logins, this option only gathers the minimum data necessary to create a user within the applicable Product(s). These Products will store and utilize the following attributes: first name, last name, email address, IP address, device model, device operating system and web browser in order to create your user record. These Products may also store and utilize the following attributes: time zone, disk space, carrier, screen size, processor cores, total disk space and remaining disk space. Your Facebook data will not be sold, redisclosed, or edited through this process. We only collect the above noted data, regardless of other data you may have allowed for public consumption. Access to this registration and sign-in option may be limited by which Product(s) you access or having a compatible device/operating system that meets Facebook requirements. By using the Apple single sign-on service, Facebook will know that you are signing into our Products and that you are a user of our Products.
Information Collected in Connection with Research and Evaluation Studies
From time-to-time, you may be invited to participate in a research and evaluation study that includes the use of Personal Information we have collected from or about you and may involve the collection of additional Personal Information from or about you in connection with such research and evaluation study. Prior to releasing or otherwise using your Personal Information in connection with any such research and evaluation study, we will ensure that you: (1) have received and accepted an invitation to participate in such research and evaluation study; and (2) have agreed to any additional terms and conditions applicable to such research and evaluation study. Without limiting the foregoing, where any research study includes the use of any FERPA Personal Information, we will only release FERPA Personal Information for approved research, authorized by your school, to your school or partners your school authorizes.
Please note, as otherwise described in this Policy, the foregoing only applies to research and evaluation studies that utilize your Personal Information and does not apply to any research and evaluation study conducted utilizing aggregated, de-identified or otherwise anonymized information.
2. How We Use Collected Information
- facilitate access to our Platform;
- understand your goals and preferences to enhance your experience;
- track, collate and analyze your use of our Platform;
- process and deliver your requests for Services;
- to respond to your comments and questions and provide customer service;
- send you administrative emails, tips and reminders, and notifications;
- facilitate your participation in surveys and other information gathering activities;
- communicate with you about news about other Products and Services offered by us and our selected partners; and
- link or combine it with other Personal Information we receive from third parties to help understand your needs and provide you with better Products and Services.
We may also use any Usage Information we collect in a de-identified, aggregate form to help us understand usage and demographic patterns and improve the functionality of our Products.
We may also use aggregated or otherwise de-identified information for our business purposes.
3. Sharing Your Personal Information
We may share certain portions of Personal Information and other information to make the Platform function properly. This may include sharing portions of Personal Information with development, hosting, email and other service providers that provide services to us and need access to your Personal Information to provide you with the Platform. Our service providers include, but are not necessarily limited to:
- Salesforce, a customer relationship management service that provides services to us that we use to manage our relationships with our customers. To learn more about how Salesforce protects your Personal Information, see their privacy information, available at https://www.salesforce.com/company/privacy/.
We may share Personal Information through some of our Products with your educational institution. However, we also may share aggregated demographic and statistical information that is not personally identifiable: (1) with other educational institutions for informational purposes; and (2) for research purposes. We or educational institutions may view and use your Personal Information with your consent for research purposes as described in this Policy.
You agree that we may use Usage Information and any other aggregated, de-identified or otherwise anonymized information we collect from or about you for research, business and other development purposes, including to improve the Platform and to develop future applications and products.
We may share your Personal Information in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceedings involving the sale, transfer, or divestiture of all or a portion of our business or assets to another entity.
We may share your Personal Information with third parties where you have provided consent to such sharing.
Other than what is referenced above, the Personal Information and other information collected from you is not shared with nor sold to any person or entity outside of us.
4. Joint Collaboration Products
5. Third Party Websites
Some users access our Platform via a webpage that is hosted by the user’s individual school, college or university (“School Product”). We do not control the content or links that appear on these School Products and are not responsible for the practices employed by School Products. In addition, School Products and services each have their own privacy policies and customer service policies. Browsing and interaction on any other School Product is subject to that School Product’s own terms and policies.
We take reasonable organizational, technical and administrative steps to help protect Personal Information against loss, misuse, unauthorized access or disclosure. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure.
7. Children’s Information
The Platform is intended for individuals over 18 years of age and older. If you are under 18, you may not access, attempt to access, or use our Platform.
Without limiting the foregoing, the Platform is not directed at, marketed to, nor intended for children under the age of 13 and we do not intentionally collect any information from or about children under the age of 13. If you believe a child under 13 years of age has provided us with information, contact us at firstname.lastname@example.org. If we learn that any information was provided through the Product by a person younger than 13 years of age, we will delete the information immediately.
8. Email Opt Out
By using some portions of our Platform, you may be consenting to be included in both system generated emails and our mailing list for promotional content.
If your registration resulted in joining our promotional mailing list, we may send you updates, news, and information about our services. If at any time you wish to stop receiving emails or mailings from us please send us an email to email@example.com with the phrase “Privacy Opt-out: Grit Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list. Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from us.
Please note that even if you do not sign up to receive email from us, we may send you important service announcements.
Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
9. California Privacy Rights
We do not share Personal Information as defined by California Civil Code Section 1798.83 (“Shine the Light Law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us by email to firstname.lastname@example.org or by sending a letter to:
Grit Digital Health LLC
2128 15th Street
Denver, CO 80202
Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
10. European Users’ Rights. If you are located in the EU or Switzerland, you have certain rights with respect to your Personal Information. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Information.
Legal Basis for Processing Personal Information
If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:
- The processing is necessary to perform our contractual obligations, such as to provide you with our Services;
- You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
- The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims; and
- The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our Site and Services, marketing new features or products that may be of interest, and promoting safety and security as described above.
If you have any questions about or would like further information concerning the legal bases on which we collect and use your Personal Information, please contact us by emailing email@example.com.
Rights Under the General Data Protection Regulation
If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:
- Right of access. The right to obtain access to your Personal Information.
- Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
- Right to portability. The right to portability allows you to move, copy or transfer Personal Information easily from one organization to another.
- Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at firstname.lastname@example.org. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Retention of Personal Information
When reserve the right to retain any Personal Information as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Information; and (2) comply with applicable law.
Transfers of Personal Information
Obligations to Data Protection Authorities (DPAs)
We will respond diligently and appropriately to requests from DPAs about this policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
11. Updates to this Policy and Contact Information
If you have any questions about your privacy or security on our Platform, please contact us using the following information:
Grit Digital Health LLC
2128 15th Street
Denver, CO 80202