Proudly Veteran owned and operated
Last updated: June 16, 2024
These Terms of Use (the "Terms" or "Terms of Use") govern the relationship between you and Tampa Bay Learning, LLC ("Tampa Bay Learning, LLC," "our," "we," or "us") when you use our website, gradepowerlearning.us, our mobile applications, or our online learning platform (collectively, the "Services"). Tampa Bay Learning, LLC is a franchisee of GradePower Learning. By accessing or using the Services, you agree to be bound by these Terms. Please read these Terms carefully.
IMPORTANT: THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. FOR EXAMPLE, THEY INCLUDE AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION, AS WELL AS CLASS ACTION AND JURY TRIAL WAIVERS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
Each GradePower Learning location is independently owned and operated by a GradePower Learning franchisee. Information on particular locations, like biographies, hours, and pricing, are provided by and are the responsibility of the particular GradePower Learning franchisee. Additional terms may govern your relationship with a specific franchisee.
You represent and warrant that (i) you are at least the age of majority in your jurisdiction, or you are accessing the Services under the supervision of your parent or guardian who agrees to be bound by these Terms on your behalf, (ii) your use of the Services is legal in, and does not violate any laws or regulations where you live or from where you access the Services, and (iii) your use of the Services will be in accordance with these Terms.
Your use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States.
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we reserve the right to terminate, restrict or suspend your access to the Services, in whole or in part, at any time without notice.
The Services contain content (including, but not limited to, data, files, images, pictures, software, technology, interactive features, logos, service marks, trademarks, trade names, and other forms of intellectual property) owned or licensed by GradePower Learning ("GradePower Content"). GradePower Content is protected by copyright, trademark, patent, trade secret and/or other laws, and, as between you and GradePower Learning, GradePower Learning owns and retains all rights in the GradePower Content and the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GradePower Content and you will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit the GradePower Content. We reserve all rights not expressly granted herein in and to the Services.
Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access the Services and the GradePower Content for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any GradePower Content, and (ii) may be immediately suspended or terminated for any reason, in GradePower Learning's sole discretion, and without advance notice or liability.
We use commercially reasonable efforts to provide continuous access to the Services; however, we do not guarantee that the Services will be accessible at all times. For example, the Services may be unavailable during maintenance periods or during an emergency.
By accessing the Services, you are directing your communication to us in FL. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States.
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to use the Services:
The confidentiality of any information submitted on the Services cannot be guaranteed. Information transmitted over the internet may be intercepted and may not be secure. We will maintain and use your "personal information" as defined in, and according to our Privacy Policy, which may be modified from time to time in our discretion.
We do not knowingly collect or solicit Personal Information from children under 18 without parental or guardian consent. If you are under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us.
By submitting any unsolicited ideas, comments, suggestions or other information to us, you agree that such Feedback shall be deemed, and shall remain, our property. You can email us any feedback at OcoeeFL@gradepowerlearning.com.
If you believe that any content on the Services violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 "DMCA").
DMCA Contact:
Tampa Bay Learning, LLC
Attn: General Counsel
Address: 1553 Boren Dr, Ocoee FL 34761
Email: OcoeeFL@gradepowerlearning.com
We reserve the right to refuse access to the Services to anyone for any reason at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE GRADEPOWER CONTENT ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITH NO WARRANTY OF ANY KIND.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE GRADEPOWER PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO THE SERVICES OR YOUR USE THEREOF.
You agree to indemnify and hold harmless the GradePower Parties from and against all claims, liabilities, losses, expenses, fines, penalties, assessments, injury or damage resulting from or arising out of your breach of these Terms of Use or your use of the Services.
These Terms of Use are governed by and construed in accordance with the laws of the State of FL, without giving effect to any choice of conflict provision or rules.
IMPORTANT: THIS SECTION LIMITS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
In the event of any dispute, the parties shall use reasonable efforts to settle the dispute. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute shall be resolved by binding arbitration in FL, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms.
GradePower Learning conducts our business on an equal opportunity basis. We do not discriminate in any manner prohibited by law.
We are committed to the privacy and safety of children using our services. Our monitoring processes include the use of AI to ensure a safe and secure learning environment. For more information, please visit our AI & Student Data page.
We are dedicated to ensuring that our website is accessible to everyone. We are actively working to comply with the Web Content Accessibility Guidelines (WCAG) Levels A and AA. If you have any questions or issues regarding the accessibility of our site, please reach out to us or call us at (689) 600-3691. For more details, please visit our Accessibility Statement.
If you have questions or comments about these Terms of Use, please contact us.
Tampa Bay Learning, LLC
Attn: General Counsel
Address: 1553 Boren Dr, Ocoee FL 34761
Email: OcoeeFL@gradepowerlearning.com
