We are a career services platform that connects individuals to people, content, and opportunities that empower career mobility.
This Terms of Service (the “Terms”) applies to your use of Grafted mobile applications, the getgrafted.com website, and any other associated Grafted services(the “Services”). These Terms also govern your relationship with Parallel LLC, a North Carolina limited liability company (“Grafted,” “we,” “us,” or “our”).
Grafted will update these Terms over time, and the “Last Updated” date at the top of the Terms will list the last date we updated these Terms. In the event we make minor changes that do not materially affect your rights, we will post the updated Terms on the website. If we make a change that materially affects your rights, we will notify you by email, through the Grafted Services, or by requiring you to review and accept updated Terms before continuing to use the Services. When you use the Grafted Services after a modification is posted, you are telling us that you accept the modified terms.
If you have a written agreement with Grafted that states that it supersedes these Terms of Service (for example, if you are a Community Partner), then to the extent there is any conflict between the documents, the provision in your other agreement applies.
IMPORTANT NOTICE: READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE BINDING ARBITRATION AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS IN THESE TERMS, PLEASE DO NOT USE THE SERVICES
If you are a Member Account, alumnus, faculty member, or supporter seeking acceptance into a Grafted Community Partner’s private community, you will need to create a member account (a “Member Account”) to use Grafted.
You may create a Member Account if you are associated with a Grafted Community Partner (“Community Partner”). Community Partners use Grafted as a service provider to facilitate professional networking, career education, and job opportunities among Member Accounts. When Community Partners sign-up for Grafted, they may send us personal information about their Members so that Grafted can provide these services.
Your Community Partner will notify you with information about how to create or claim your Member Account. After you do so, and we confirm your association with our Community Partner, we may pre-populate some areas of your profile with information your Community Partner provides to Grafted.
Information from your Member Account becomes a visible Member Profile when you create or claim your account and your Community Partner approves your access. You can change your profile information at any time while your account is active by accessing and editing your Member Account in the mobile app. This includes completely opting-out of participating by deleting your Profile.
Please note that Community Partners also have the ability to manually edit certain profile fields about their members using Grafted. We encourage you to review this information for accuracy and completeness. Some of this information may be locked by your Community Partner and you cannot edit such information using Grafted. If you believe any pre-populated information is incorrect, please contact your Community Partner accordingly.
We count on you to truthfully provide the information necessary to create a Member Account, and you agree not to misrepresent any information about yourself in creating or updating your Member Account.
Please keep in mind the importance of keeping your Member Profile, as well as other content and communications with Grafted, professional. You are responsible for all content you upload to Grafted, and we prohibit content that is violent, discriminatory, threatening, pornographic, or otherwise sexually suggestive. You also agree not to harass, bully, abuse, intimidate, or impersonate other people or entities. In general, you further agree to refrain from using the Grafted Services for any illegal or unauthorized purpose, including fraud, identity theft, copyright infringement, or spam.
Member profiles are opted-in to “Open to Opportunities” when they first activate or create their Grafted account. When a Member profile is opted-in to “Open to Opportunities”, employers with a Grafted Employer Partner Account will have visibility to your profile information and access to send you message. When a Member profile is opted-out to “Open to Opportunities” employers with a Grafted Employer Partner Account will not be able to see any information about you nor send you messages. Members can control their opt-out and opt-in status in profile settings.
If enabled in the Community Partner account, Member Accounts are given the choice to “Activate NIL” when they first activate or create their Grafted account. If the “Activate NIL” toggle is turned on, your profile information will be displayed on the public facing Talent Marketplace website and employers with a Grafted Employer Partner Account will have visibility to your profile information and access to send you messages. You can change this setting at any time under your profile settings.
If a profile’s “Activate NIL” toggle is turned off, that Member Account’s profile information will not appear in the public facing Talent Marketplace and employers with a Grafted Employer Partner Account will not be able to see any information about you nor send you messages unless your Open to Opportunities toggle is turned on.
If you are an employer, you will need to have an employer partner account (“Employer Partner Account”) to access Grafted.
When you create a Grafted Employer Account, we request contact information to provide a point of contact for Community Partner and administrative staff. This information will be made available on your public profile. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery.
You also agree not to use the Service to send spam or other unauthorized communications, and you agree not to use any collected Member Account data for purposes not authorized by Grafted. These prohibitions are addressed in further detail below.
Through the use of the Service, you will be able to search and filter Member Account results based on a wide range of criteria. You agree to maintain a fair and equitable recruitment process when selecting Member Account candidates. You also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. You have the ability to contact Member Accounts directly through the Service. By using this Service, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.
You acknowledge and agree, moreover, that, to ensure your compliance with these Terms, Grafted may review the application flow associated with any new post before it becomes available to applicants on the Grafted Service.
Community Customer Accounts have administrative access to all their Grafted Community Partner data, including all Member Accounts. Community Partner Accounts are responsible for approving access to their Grafted Community Partner platform for their Member Accounts and Employer Partner Accounts.
Any content you submit belongs to you. Grafted does not make any claim of ownership of any Content that you post on the Services. When you submit your content on or through the Services, you grant to Grafted a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content, but only in connection with operating and providing the Grafted Services.
You are solely responsible for your content. You represent and warrant that you own your content or that you have all rights necessary to grant us a license to use your content as described in these Terms. You also represent and warrant to Grafted that your content, and the use and provision of your content on the Services will not: (a) infringe or violate a third party’s intellectual property rights such as patent, copyright, trademark, trade secret, moral rights, or rights of publicity or privacy; (b) violate, or encourage others to violate, any applicable law or regulation or in any way would give rise to potential liability; (c) be fraudulent, false, misleading or deceptive; (d) be pornographic, obscene, vulgar, or otherwise offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individuals or groups; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substance abuse.
TheServices, including all Grafted content, as well as the selection, arrangement, and composition of such information are proprietary property of Grafted, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services.
Subject to your compliance with these Terms, Grafted hereby grants you, a personal, worldwide, royalty-free, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services solely for the intended use of the Services. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for theServices (except to the extent specifically permitted by applicable law). You also may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means(including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process),or in any way obtain or attempt to obtain any content or information through any means that Grafted does not intentionally make available through theServices.
Grafted reserves the right to limit your use of the Services. Grafted reserves the right to restrict, suspend, or terminate your access, with notice, if Grafted believes that you may be in breach of these Terms. Grafted may change any of its Services at any time without notice. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.
TheseTerms are effective until terminated by Grafted, and Grafted may terminate theseTerms, or suspend or terminate your access and use of the Services at any time, with or without cause, in Grafted's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Disputes, Indemnification, BindingArbitration, Class Action Waiver, Limitation of Liability, and MiscellaneousTerms, and any other provision that by its terms is intended to survive your use or access to the Site.
Grafted has no obligation to monitor the Site. However, you acknowledge and agree that Grafted has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Grafted to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
The laws of the Commonwealth of Virginia will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
The arbitration will be conducted by the American Arbitration Association (AAA)under its then-applicable rules, including (as appropriate) its SupplementaryProcedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in personas part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
You may decline this agreement to arbitrate so long as you contact us at email@example.com within thirty (30) days of first accepting these Terms and stating that you decline this arbitration agreement.
ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN NO INSTANCE WILL ANY DISPUTE BE RESOLVED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IN NO INSTANCE WILL ANY DISPUTE BE RESOLVED IN A CLASS ARBITRATION, CLASS ACTION,PRIVATE ATTORNEY GENERAL ACTION, OR OTHER CONSOLIDATED ARBITRATION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION,WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OFSUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Grafted may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Your access and use of the Grafted Services is completely at your own risk. You acknowledge, understand, and agree that theServices are provided on an “AS-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, GRAFTED DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nothing will create any warranty not expressly made herein.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER GRAFTED NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ORANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAFTED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE FOR: (A) ANY INCIDENTAL, SPECIAL,EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSSOF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C)THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OFTHE SERVICES.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF GRAFTED AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, ORFROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED ONE HUNDRED US DOLLARS ($100).
You agree to release, defend, indemnify, and hold harmless Grafted and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
These Terms, and any rights and license granted hereunder, may be transferred or assigned by either Party only with the other Party’s prior written consent, not to be unreasonably withheld. Notwithstanding the foregoing, Company may assign this Agreement with the Customer’s consent in connection with a corporation reorganization, sale, or other disposition of substantially all of the assets of the Company.
These Terms constitute the entire agreement between you and Grafted concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Grafted with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Grafted’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have questions about these Terms, please contact us by email at firstname.lastname@example.org.