Acceptance of Terms
Welcome to the Top Scholar website/dashboard! You may access or obtain unique test preparation services, information, and post-secondary information provided by Top Scholar through our website/dashboard as a service to the k12 and post-secondary community. Your use of these Services is subject to these Site Terms and Conditions (“Agreement”). By accessing Top Scholar’s website and/or using the Services, you agree that you have read and understand this Agreement, and that your use of the website shall conform to this Agreement. If you register with us for Test Prep Services, this Agreement includes and incorporates additional terms specific to those Services. We reserve the right to change or amend this Agreement without notice.
Top Scholar recognizes the importance of protecting your privacy. Any registration, personal, or other information you share with us is securely managed and safeguarded.
User Account, Password, and Security
In this Agreement “you” refers to the person/school who registers to become a user of the Top Scholar online test prep platform. You agree that all information you provide in registration or otherwise is true, accurate, and complete. We reserve the right to refuse service or subscription to any person or entity for any or no reason whatsoever. To obtain some specific Services, you will be required to designate simple demographic information as we will assist with creating and administering user ID’s and passwords for our users. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify Top Scholar or your campus supervisor of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each session. Top Scholar cannot and will not be liable for any loss or damage arising from your failure to do so.
By accessing our website and dashboard and/or otherwise accepting this Agreement, you agree to comply with our Compliance Standards. You are entirely responsible and liable for all activities conducted by you. Listed below are some, though not all, violations that may result in Top Scholar terminating your access to our website and dashboard. You agree NOT to do any of the following actions while using Top Scholar’s website and dashboard:
1. invade the privacy or violate any personal or proprietary right of any person or entity;
2. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3. harass, threaten, embarrass, or cause distress or discomfort upon another website forum leader, participant, user, or other individual or entity;
4. transmit via the website(s) any information, data, text, files, links, software, chat, communication or other Content that the College Board considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or racially, ethnically, or otherwise objectionable;
5. cause any chat room screen on the website chat to “scroll” faster than other users are able to type to it or any action to a similar disruptive effect;
6. impersonate any person, including but not limited to, a Top Scholar executive, representative or company leader;
7. disrupt the normal flow of dialogue on the website(s) or otherwise act in a manner that negatively affects other participants;
8. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on the website(s);
9. intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, any regulations having the force of law while using or accessing the website(s) or in connection with your use of the website(s) in any manner;
10. infringe the intellectual property rights or similar rights, including, but not limited to, copyrights and trademarks, of any person or entity;
Top Scholar have expended substantial time, effort, and funds to create the website and the Test Prep Services. No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of Top Scholar. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of the Top Scholar’s proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from Top Scholar.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
Consent to Electronic Communications and E-mail Solicitation Term of Agreement
This Agreement remains in effect for 1 full calendar tear unless otherwise terminated by you or Top Scholar. You may terminate this Agreement upon our receipt of your notice via e-mail to Top Scholar and by our subsequently disabling your password and ID.. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via e-mail or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users.
No Warranties/Limitation of Liability
TOP SCHOLAR’S WEBSITE/DASHBOARD AND TEST PREP SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER TOP SCHOLAR NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING TOP SCHOLAR’S WEBSITE/DASHBOARD MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. TOP SCHOLAR, AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE WEBSITE/DASHBOARD OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF; (II) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (III) TOP SCHOLAR’S OR ANY OTHER PERSON’S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR (IV) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH TOP SCHOLAR’S WEBSITE/DASHBOARD. IN NO EVENT WILL TOP SCHOLAR, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
All users therefore agree that all access and use of Top Scholar’s website/dashboard is at the user’s own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of Top Scholar shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the website(s). Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
Top Scholar, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that Top Scholar accepts no responsibility for security of information transmitted over the Internet.
Without limiting any of the foregoing, if Top Scholar, or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, Top Scholar and such parties’ aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to the Top Scholar for the specific Service or product giving rise to such liability.