Last Updated: Aug. 21, 2019
Cynsight, LLC, a Georgia Limited Liability Company (referred to herein as “Cynsight,” “we” and “our”) invite you to use this Website (as used herein the term “Website” includes “Services,” such as Grafstate, that are associated with the Website), so you may better understand concepts in the field of science, technology, engineering and math. These Terms and Conditions (“Terms,” including our Privacy Policy and any applicable Service Agreements) define the terms and conditions under which you’re allowed to use the Website. If you don’t agree to these Terms, you must immediately discontinue your use of the Website.
The following are the terms of an agreement between you and Cynsight. By accessing, or using this Website, you acknowledge that you have read and understood these Terms, and that you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this Website.
Cynsight reserves the right to modify, add to, change, or remove any part of these Terms at any time, with notice to you. Notice will be delivered to the email address provided by you during the registration process and you consent to Cynsight sending such notifications of modifications of these Terms to your email address. In case of any material change to these Terms, Cynsight will place a link on the login page entitled “Terms and Conditions Updated: XXX. XX, XXXX” for at least thirty (30) days. Except as outlined above, all changes to these Terms will be effective when posted (after a notice is sent to your email address), and your continued use of the Website after the sending of such notice will constitute your acceptance of, and your agreement to be bound by, those changes. If you do not agree to (or cannot comply with) the Terms as amended, your sole remedy is to stop using the Website.
1. Eligibility
In order to use the Website, you must:
be either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and be able to enter into contracts;
complete the account registration process;
agree to these Terms; and
not be based in the Australia, the European Economic Area, the United Kingdom, or Switzerland.
By using the Website, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Website in a way that violates any laws or regulations. Cynsight may refuse service or change eligibility requirements at any time.
2. Learning Management System
The Website may be accessed by or may access an online learning management system, provided by a University or other organization, that allows you to obtain a copy of a syllabus, obtain lecture notes and homework assignments, link to other web pages, and submit homework assignments. In order to use the Services provided on the Website, you may be required to obtain access to the online learning management system through a separate user id and password.
You acknowledge and agree that the Services may include submitting and retrieving homework, communications to and from Cynsight, and other activities provided through the online learning management system. You enable these activities by using the Website, and you are not permitted to opt out of them other than by terminating your use of the Website.
3. Intellectual Property Rights
All right, title, and interest in and to Cynsight Technology, the Website, and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual property and proprietary rights, including registrations, applications, renewals, and extensions of such rights, remains the property of Cynsight. “Cynsight Technology” means all of Cynsight’s proprietary technology including, but not limited to, software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information made available to you by Cynsight in providing the Website. You are not granted any intellectual property rights, including, but not limited to, any trademarks or service marks of Cynsight or its suppliers. Cynsight retains all rights not expressly granted to you in these Terms.
4. Acceptable Use Policy
You acknowledge and agree that the Website is made available to you for your personal, academic and non-commercial use only. As a condition of your use of the Website, you warrant to Cynsight that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Cynsight reserves the right to supplement, modify, amend, or supersede this Acceptable Use Policy via email or by posting a revised copy on the Website.
5. Privacy Policy and Cookie Statement
Use of any personal information collected through your use of the Website or Services is also governed by our Privacy Policy and Cookie Statement which is hereby incorporated into and made a part of these Terms by this reference as though fully set forth herein. You can view our Privacy Policy and Cookie Statement by visiting the following link: http://www.grafstate.com/legal/privacy/.
6. Grafstate
Grafstate is one of many Services that may be available through the Website. If you use Grafstate, you agree to provide and maintain true, accurate, current, and complete information about yourself when you register for Grafstate (“Registration Data”) and to update this information to keep it accurate and complete. If you provide any information that is inaccurate or incomplete, or Cynsight has reasonable grounds to suspect that such information is inaccurate or incomplete, Cynsight reserves the right to suspend or terminate your use of Grafstate.
Registration Data is subject to Cynsight’s Privacy Policy and Cookie Statement. You acknowledge, consent, and agree that Cynsight may access, preserve, and disclose your Registration Data if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) validate your Registration Data; (ii) comply with legal process; (iii) enforce these Terms; (iv) respond to claims that any content violates the rights of third parties; (v) respond to your requests for support; (vi) protect the rights, property, or personal safety of Cynsight, users, and the public; or (vii) to comply with requirements of Cynsight’s agreements with its suppliers. You understand that through your use of Grafstate, you consent to the collection, storage and use of this information including, without limitation, first name, last name, email address, and password. You acknowledge and agree that Cynsight’s provision of Grafstate may require Cynsight to transfer, process, or store your personal data and to transmit such data. Cynsight may use your Registration Data in order to market further Cynsight services to you.
It is your responsibility to maintain the confidentiality of your Registration Data (including associated user account data such as user id and password). You are also responsible for immediately notifying Cynsight of any unauthorized use of your user account or breach of your password. Cynsight reserves the right to delete Registration Data for any reason, including unauthorized use, violations of these Terms, or inactivity of a user account.
We would also like to make you aware of certain terms related to third-party tools, add-ons, and services. MathJax is an open source project that allows Grafstate to use LaTeX code to typeset mathematics on the Website or Grafstate. MathJax source code is distributed under the Apache License, Version 2.0. You acknowledge and agree that by registering for Grafstate, you are also bound by the MathJax license, which you can view at the following link: https://github.com/mathjax/MathJax/blob/master/LICENSE. The MathJax source code is copyright (c) 2009-2019 by The MathJax Consortium.
By submitting or posting code or other content on or through Grafstate, you grant Cynsight, our partners, and affiliates a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, convert, adapt, modify, publish, transmit, display, transmit, and distribute your content for the sole purpose of providing Grafstate. In no event should such content include any personally identifiable information.
Google Analytics and Google reCaptcha also provide certain features of the Website and its associated Services, including Grafstate. You acknowledge and agree that by registering for Grafstate, you are also bound by the Google Terms of Service and Privacy Policy, which you can view at the following links: https://www.google.com/intl/en/policies/terms/ and https://www.google.com/intl/en/policies/privacy/
Grafstate is hosted on Amazon Web Services (AWS). Cynsight shall use commercially reasonable efforts to make Grafstate available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Cynsight's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Cynsight employees), internet service provider failures or delays, or denial of service attacks. Cynsight will provide no remedies for service level violations.
Paid versions of Grafstate may be offered as add-ons, and as such may be subject to terms and conditions of a Service Agreement between you and Cynsight, which are incorporated herein by reference.
Cynsight reserves the right to add, modify, discontinue, remove, or suspend temporarily, Grafstate (or any part thereof), including features and specifications of products described or depicted on Grafstate, in the Help Documentation, or on the Website, at any time, with or without notice. “Help Documentation” as used herein, shall mean the description of Grafstate as set forth at https://help.grafstate.com.
7. CHANGES AND TERMINATION
Cynsight may suspend or terminate your right to use the Website at any time, with or without cause, upon notice. You will be notified of the termination or suspension as soon as reasonably possible.
Cynsight shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website, including but not limited to content and features.
Cynsight may impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
8. DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CYNSIGHT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CYNSIGHT MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS OR OMISSIONS.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYNSIGHT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CYNSIGHT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
10. Indemnification
You agree to indemnify and hold Cynsight and its subsidiaries, officers, directors, agents, employees, partners, independent contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another person or entity.
11. Other Provisions
You agree to the following other terms: (a) these Terms shall be governed by, construed, and enforced in accordance with the substantive and procedural laws of the State of Georgia without regard to the principles of conflicts of laws of such state; (b) any disputes regarding these Terms shall be settled in any state or federal court within Cobb County or Fulton County within the State of Georgia, and the parties specifically agree that venue and jurisdiction are proper in such courts; (c) these Terms contain the entire and only agreement between the parties and supersedes all preexisting agreements between them respecting its subject matter; (d) if any provision of these Terms or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law; and (e) these Terms shall be binding on the parties and their respective successors and assigns.