Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and GradSave, LLC (“GradSave” or “us” or “we”), concerning your access to and use of the gradsavegifts.org website (the “Website”). The Website allows (collectively, the “Services”): (i) users (“Users”) to create a profile of their child or loved one and to share that information and/or a link to it with their family, friends, and invitees for the purpose of receiving contributions for their child’s or loved one’s college savings fund, (ii) donors (“Donors”) to make contributions to the college savings funds designated by Users and (iii) persons interested or curious about college savings to consume information and become informed of various options and other services offered by us or through us. The Services are hosted in the United States.

  1. Accepting the Terms. By using the information, tools, features, functionality and other Services of the Website, you agree to be bound by this Agreement, whether you are a visitor (which means that you simply browse the Website) or you are a User or Donor. If you wish to become a User or Donor you must read this Agreement and indicate your acceptance during the applicable registration process.
  2. Eligibility. By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate, including without limitation, the existence of and account information regarding the college savings fund you have established; (b) you will maintain the accuracy of such information; (c) you are of legal age to form a binding contract with GradSave; and (d) your use of the Services does not violate any applicable law or regulation. Before you continue, you should print or save a local copy of this Agreement for your records.
  3. User/Donor Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, your postings to the profile created for your child or loved one, the privacy settings you set for your account as well as the existence of any account information regarding the college savings fund you have established for your child or loved one (collectively, the “Account Information”). When you create or make available Account Information, you thereby represent and warrant that:
    1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Account Information does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, or trade secret rights, of any third party;
    2. you are the parent or legal guardian of the actual living child who’s Account Information is being provided in connection with the Services or have received the express consent of the parent or legal guardian of the child who’s Account Information is being provided in connection with the Services to use the Account Information of such minor, and we reserve the right to request confirmation of these terms including but not limited to Birth Certificates, Social Security Numbers, etc.;
    3. you have fully complied with any third-party licenses relating to your Account Information, and have done all things necessary to successfully pass through to viewers any required terms;
    4. your Account Information does not contain any viruses, worms, Trojan horses, malicious code, or other harmful or destructive content;
    5. your Account Information is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not include any sexual or nude information or images, does not violate any applicable law, regulation or rule, and does not violate the privacy or publicity rights of any third party;
    6. your Account Information does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
    7. your Account Information does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on GradSave’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
    8. your Account Information does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
    9. our Account Information does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by GradSave in our sole discretion.
  4. Privacy and your Account Information. For information about GradSave’s data protection practices, please read GradSave’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how GradSave treats your personal information when you access the Website and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.
  5. Prohibited Activities. You may not access or use the Website for any other purpose other than that for which GradSave makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Account Information, as determined by GradSave in our sole discretion. Prohibited activity includes, but is not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, stalking, spamming, copyright infringement or theft of trade secrets;
    2. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    3. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
    4. using any information obtained from the Website in order to harass, abuse or harm another person; and
    5. using the Website in a manner inconsistent with any and all applicable laws and regulations.
  6. Passwords. When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
  7. Fees, Costs, and Promotional Incentives. The Services are free of charge to Donors. GradSave collects 3rd party payment processing costs at time of redemption. To learn more about expected 3rd party payment processing costs, click here for details. There is a lifetime limit of one discounted gift card, promotional allowance, coupon, or other incentive per household, customer, beneficiary, savings plan, account or 529 plan. Promotions cannot be combined. Any attempt to violate this term or open additional accounts to circumvent this or any other terms herein shall constitute grounds for GradSave to close your account, refund any monies actually paid by you and reject all promotional credits or discounts, including any such credits already applied or paid. Promotional dollars require a $100 minimum GradSave balance to be redeemed to a college savings fund.
  8. Redemptions. Users and Donors hereby acknowledge and agree that contributions held in a GradSave account for longer than 365 days shall be subject to automatic redemption to the college savings fund held on file with GradSave.
  9. Intellectual Property Rights.
    1. Rights You Grant to Us. By submitting Account Information to GradSave through the Service, you are licensing that content to GradSave solely for the purpose of providing the Service. Other than as set forth in GradSave’s Privacy and Security Policy, GradSave may use and store the content, but only to provide the Service to you.
    2. GradSave’s Intellectual Property Rights. The contents of the Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Website belong or are licensed to GradSave or its software or content suppliers. GradSave grants you the right to view and use the Website subject to these terms. You may download or print a copy of information provided on the Website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.
  10. GradSave’s Right to Manage the Website and Terminate Users/Donors.
    1. GradSave’s Website Management. GradSave reserves the right but does not have the obligation to: (i) monitor the Website for violations of this Agreement; (ii) take appropriate legal action against anyone who, in GradSave’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (iii) in GradSave’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User’s or Donor’s Account Information or any portion thereof that may violate this Agreement, any applicable law, or any policy of GradSave; (iv) in GradSave’s sole discretion and without limitation, remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to GradSave’s systems; (v) terminate the accounts of repeat infringers and offenders; and (vi) otherwise manage the Website in a manner designed to protect the rights and property of GradSave and others and to facilitate the proper functioning of the Website.
    2. GradSave’s Right to Terminate Users/Donors. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, GRADSAVE RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
  11. Term. This Agreement shall remain in full force and effect while you use the Services or are a User or Donor. You may terminate your use or participation at any time, for any reason, by emailing us at accountclose@gradsavegifts.org. In the event you close your account, we will transfer the balance in the account to a 529 plan of your choice. Certain minimums apply and some GradSave promotional programs may require minimums for transfer. If you do not have a 529 plan, we will refund any monies paid by you or gifted to you, directly to the parents or guardians (in their joint names if appropriate) of the child, less any fees, including a closure fee if the amount is less than $100, less promotional discounts, or other special or promotional funds in your account. The minimum amount for a check to be issued for an account closure is $100 or a $25 fee will be assessed. GradSave may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including Sections 1, 2, and 6-22.
  12. Non-Commercial Use by Users. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by GradSave. You shall not do the following without the express written consent of GradSave: (a) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the Website.
  13. Copyright Policy. GradSave will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to GradSave’s Digital Millennium Copyright Act (DMCA) Notice.
  14. Modifications. GradSave may modify this Agreement from time to time. GradSave will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
  15. Disputes Between Users. You are solely responsible for your conduct. GradSave reserves the right, but has no obligation, to monitor disputes between you and other users.
  16. Not a Financial Planner, Broker or Tax Advisor. NEITHER GRADSAVE NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. GRADSAVE IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in collecting funds for a child’s college savings fund. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. In addition, nothing on the Service should be construed as an offer to sell, or a solicitation of an offer to buy a security, a recommendation for any product or service by GradSave or any associated third party, or a suggestion regarding the purchase, holding or sale of securities.
  17. Alert Disclaimer. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. GradSave does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that GradSave shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
  18. Third-Party Advertisers. GradSave may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GradSave, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GradSave is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
  19. Disputes with GradSave; JURY TRIAL WAIVER. All disputes arising out of or relating to this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Account Information and the Website, including without limitation your or others; downloading or consumption of any materials available by means of the Website or third-party websites, your uploading Account Information to the Website, or your purchasing of goods or services from third parties, will be exclusively resolved by a court of competent jurisdiction in Miami, Florida. Notwithstanding the foregoing, GradSave will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida. This Agreement will be interpreted exclusively by Florida law. THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
  20. Disclaimers. GradSave cannot control the nature of the content available on the Website. By operating the Website, GradSave does not represent or imply that GradSave endorses any blogs, Account Information, or other content available on or linked to by the Website, including without limitation, content hosted on third party or advertiser websites, or that GradSave believes the Account Information, blogs or other content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GRADSAVE, ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GRADSAVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF GRADSAVE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GRADSAVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GRADSAVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  21. Limitation of Liability. IN NO EVENT SHALL GRADSAVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GRADSAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GRADSAVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GRADSAVE FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.
  22. Indemnity. You agree to indemnify and hold GradSave, its subsidiaries and affiliates, and their respective officers, managers, members, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your Account Information, use of the Services or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Account Information that you post to the Website or through the Services causes GradSave to be liable to another.
  23. Disclaimer. Under no circumstances will GradSave or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Account Information or content posted on the Website or transmitted to Users or Donors, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and GradSave expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GradSave cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice.
  24. Other. This Agreement constitutes the entire agreement between you and GradSave regarding the use of the Services. The failure of GradSave to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Version – 02.27.2013