Terms of Service
Last updated: March 31, 2022
These Terms of Service govern your access to and use of the Top Tier Lessons website and mobile applications (collectively, the "Site") and any services (the "Services") offered on the Site. This is a legal agreement between you and Top Tier Lessons LLC ("we", "us" or "TopTier").
By clicking the "Sign Up" button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
These Terms of Service are organized into the following eighteen sections:
- Nature of Our Site and Services
- Use of Site and Services
- User Content and Communication Rules and Guidelines
- Third Party Verification Service
- Fair Credit Reporting Act
- Third Party Sites
- Payment, Subscription, and Refund Policies
- Online Payment Service
- SMS Text Message Alert Service
- Promotional Offers and Credits
- Intellectual Property Rights
- Disclaimer of Warranty and Limitation of Liability
- Digital Millennium Copyright Act
- General Provisions
Nature of Our Site and Services
- Site is a Venue. The Site provides a venue for people seeking lesson services ("Parents") to connect with people who want to provide those services ("Athletes," and collectively with Parents, "Users"). TopTier is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users. TopTier does not control or direct the Athletes’ performance of their services or set their work locations, work hours, or terms of work. Businesses procure and Athletes provide services under their own name or business name, and not under TopTier’s name. Users provide their own tools and supplies to perform their Engagements; TopTier does not provide the tools or supplies. All Users are free to maintain business without any restrictions from TopTier and are free to offer and provide their services elsewhere, including through competing platforms. TopTier has no obligation to screen or verify the identity or background of any User. TopTier does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than TopTier ("User Content"), including but not limited to User Profiles and Reviews. TopTier has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site TopTier further makes no representations about the Athletes or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
- Transactions Are Solely Between Users. TopTier is not involved in the Service arrangements between Users. Users arrange for the Services solely between themselves, and TopTier is not a party to any of those arrangements. TopTier does not have control, supervise or provide any training or equipment to the Athletes, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Athletes. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to an Athlete or services received by a Parent. As set forth in Section 15, you agree to release TopTier from any claims or liability that may arise from any disputes between you and other Users. TopTier is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and TopTier is not responsible), for any tax, workers’ compensation insurance, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if TopTier is found to be liable for any tax, workers’ compensation insurance, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify TopTier for all costs, expenses and liabilities (including any interest and penalties) relating to the same. If requested by TopTier, you agree to provide TopTier with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver's licenses) or other information as may be needed or requested by TopTier.
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
- If you are a parent:
- (i) Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
- (ii) Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- If you are an athlete:
- (i) Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
- (ii) Legal Right to Work. You have the legal right to work in the United States; and
- (iii) Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
TOP TIER HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, conducting criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE TOP TIER LESSONS AND TOP TIER LESSONS AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. ("Affiliated Parties" means TopTier's officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
Use of Site and Services
- Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, lesson-related services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
- Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other's contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Athletes may not contact Parents, and Parents may not contact Athletes, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
- Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent TopTier messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to TopTier’s provision of the Services.
- Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TopTier in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
- Risk Assumption and Precautions. You assume all risks when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
- No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
- Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us anytime at firstname.lastname@example.org
- Beta Features. From time to time, we may offer new "beta" features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at TopTier’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.
- Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile, and TopTier may add Users into these groups from time to time. Users may also have the option to upload pictures and content that may or may not be affiliated with certain school or local groups. TopTier is not affiliated with any of these listed organizations nor does TopTier guarantee User's membership with such listed organization.
User Content and Communication Rules and Guidelines
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles ("Profiles"), reviews of Users ("Reviews"), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
- Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
- contains photographs or images of another person, unless you are that person's parent or legal guardian;
- contains others' copyrighted content unless you have written permission from the copyright owner;
- contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- implies that the User Content is in any way endorsed or sponsored by TopTier;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
- is intended to harass, annoy, threaten or intimidate any other Users of the Site;
- is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
- uses scripts, bots or other automated technology to access and/or update the Site;
- attempts to circumvent TopTier's messaging tools or booking platform, or attempts to avoid applicable TopTier fees;
- otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
- Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of TopTier.
- Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to TopTier, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by TopTier including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
- Review and Recommendation Guidelines. Parents will have the opportunity to provide Reviews and Recommendations about Athletes. Athletes will have the opportunity to provide Reviews about Parents. Reviews may only be given by Parents who have officially booked an Athlete through the Site and by Athletes who have officially accepted and completed a booking from a Parent on the site. Recommendations may be given by Parents (e.g., Parents who have previously employed the Athlete but not through the Site). Reviews and Recommendations should not include any personal information about a User that is not disclosed in the User's public Profile (for example, the Review and Recommendations should not include or reference a User's address or phone number), should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. Reviews should reflect your experience with the User. Recommendations (as opposed to Reviews) should reflect Parent's positive experiences with an Athlete. Negative content should not be submitted as part of a Recommendation and such content may be removed by TopTier, at our sole discretion. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews and Recommendations to reflect new experiences. As with other User Content, we reserve the right to remove any Review or Recommendation that we feel, in our sole discretion, violates these guidelines.
- By TopTier. TopTier may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by TopTier, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User's Subscription and/or account, TopTier may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by TopTier, you may not re-register without TopTier’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
- By User. As a User, you may terminate your account at any time by going to My Account and then Settings and then clicking on "Deactivate my account." You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 9.
- Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account's termination may not be available to you if you re-register with TopTier. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of these Terms of Service will continue in full force and effect.
Third Party Verification Service
- Background or Verification Checks Ordered by TopTier. To the extent permitted by law, TopTier has the right, but not the obligation, to order a background check on Athletes from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service. If the 3rd Party Verification Service reports that a Athlete has cleared the 3rd Party Verification Services background check, at TopTier’s discretion, this information may be included on the Athletes Profile along with the date the Athlete completed the background check for a period of up to 13 months from the background check date (it shall be the Athletes responsibility to reinitiate, if the Athlete chooses, a new background check; failure to initiate and clear a new background check may result in the Athlete being unable to use the Services). Each User understands that TopTier retains the right, but has no obligation, to take action with respect to an Athletes TopTier account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating the Athletes account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. TopTier does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not TopTier). By agreeing to these Terms of Service, each Athlete consents to TopTier performing background and/or verification checks on such Athlete to the extent permitted by law. If you, as a Athlete, do not want these checks performed, do not use the Site or the Services.
Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be "consumer reports" subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If TopTier takes adverse action with respect to your account based on information contained in a consumer report, TopTier will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. TopTier will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at FTC's website as well as all other applicable consumer reporting laws.
If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless TopTier and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. TopTier does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
Third Party Sites
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a "Third Party Site") or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
Payment, Subscription, and Refund Policies
- Fees and Subscriptions. Where indicated on the Site, fees are charged to access and use certain Services on the Site. For example, Users may purchase subscriptions memberships, and access passes, ("Subscriptions") to use and access certain Services ("Premium Services") that are not available to Users who do not have Subscriptions.
- Subscription Renewals and Cancellation. Subscriptions, with the exception of access passes, will continue until canceled by the User. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you haven't yet canceled your Subscription, your Subscription will be automatically renewed for another one-year period at the then-current rate for annual Subscriptions. For any automatic renewal, you authorize TopTier to charge your selected payment method the then-current applicable fee in accordance with the Subscription plan you selected. To cancel your Subscription, complete the subscription cancellation form. The cancellation will be effective at the end of your then current Subscription term. If you cancel your Subscription, you will continue to have access to your Premium Services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account. All Premium Services cease when your Subscription's cancellation becomes effective; your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. Canceling your Subscription will not delete your account. To deactivate your account please email email@example.com
- Free Trials and Promotional Offers. TopTier may offer limited time, free trial Subscriptions or Promotional Offers from time to time. Users under a free trial Subscription will have access to such Premium Services as decided by TopTier. TopTier may require a User to provide the User's payment information to start a free trial. For such free trials, TopTier may automatically charge the User for the Subscription on the first day following the end of the free trial period, on a recurring monthly or annual basis or as otherwise described in the offer for the free trial. To avoid such charges, Users with free trial Subscriptions must cancel their Subscription before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.
- Payment Information. If you purchase a Subscription (or have a free trial Subscription), use TopTier’s Online Payment Service or otherwise use any of TopTier’s fee-based Services, you agree to TopTier storing your payment card information. Users with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., TopTier may terminate a User's Subscription and/or account if the User's payment card information is expired or is otherwise invalid.
Online Payment Service
TopTier offers an online payment service ("Online Payment Service") to facilitate payments from Parents to Athletes. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by TopTier. Athletes must accept payments through the Online Payment Service and, where available, Parents booking with Athletes may choose to make payments online to Athletes. Please refer to TopTier’s Online Payment Terms and Conditions for additional information and terms and conditions governing use of this service.
SMS Text Message Alert Service
Users provide TopTier with their mobile phone number as part of the registration process or in their account settings. Users who provide TopTier with their mobile phone number may receive text message communications from TopTier on their cellular phones and/or mobile devices. By providing TopTier with your mobile phone number, you consent to TopTier sending text messages to your cellular phone and/or mobile device. TopTier does not charge for sending text messages, but your carrier may charge you.
Users of TopTier’s mobile applications may have the option to receive push notification alerts from TopTier. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
Promotional Offers and Credits
From time to time, TopTier may offer special promotions, credits, awards or discounts ("Promotions"). All Promotions will be run at the sole discretion of TopTier, and can be modified or terminated at any time by TopTier with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, TopTier may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
Intellectual Property Rights
- Copyright. All materials on the Site other than User Content are either owned by TopTier or are the property of TopTier suppliers or licensors. You may not use these materials except as we give you written permission to do so.
- Trademarks. The service marks and trademarks "TopTier" and the TopTier logo are owned by TopTier. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of TopTier and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
- Ownership and Use. TopTier retains ownership of its intellectual property rights and you have no rights to TopTier’s intellectual property or TopTier’s rights in its intellectual property. Except for downloads or printed materials for your personal reference, you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sublicense or otherwise leverage materials or content available on the Site, other than User Content you create.
- Your Content. Other than the non-exclusive license granted to TopTier with respect to User Content (described in Section 4.c. above), TopTier will not acquire an ownership interest in the User Content you post.
If any disputes or disagreements arise between a Parent and an Athlete relating to the services provided by Athlete or payments made by or due from Parent, the Parent and the Athlete are responsible for resolving any such disputes directly with each other. TopTier will not be a party to any such dispute, and TopTier will not be obligated to take any action toward resolving the dispute.
Disclaimer of Warranty & Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF TOPTIER AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- "AS-IS" BASIS. TopTier provides the Site on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- NO WARRANTIES; RELEASE. TOPTIER GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). TopTier does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TOPTIER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR TOPTIER. TopTier does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. TopTier makes no warranties about the connectivity and continued availability of the Site or Services. YOU AGREE TO RELEASE TOP TIER AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR TOPTIER.
- USER CONTENT. TOPTIER MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
- LIMITATION OF LIABILITY. IN NO EVENT WILL TOPTIER OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
- NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER TOPTIER NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
- WAIVER OF HARMS. YOU AGREE THAT NEITHER TOPTIER NOR ITS AFFILIATED PARTIES SHALL HAVE ANY LIABILITY FOR ANY (I) INJURY, ILLNESS, PROPERTY DAMAGE, LOSS, ACCIDENT, DEATH, ACT OF GOD OR OTHER MALADY (COLLECTIVELY, “HARMS”) OR (II) EXPENSES INCURRED FROM HARMS THAT MAY BE SUSTAINED DURING, BEFORE OR AFTER A LESSON.
- MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, TOPTIER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TOP TIER LESSONS IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
- SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless TopTier and its Affiliated Parties from and against any and all claims, losses, injuries, expenses, demands or liability, including attorneys' fees and costs incurred by TopTier and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or TopTier. You agree that you will cooperate as reasonably requested by TopTier in the defense of such claims. TopTier and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
Digital Millennium Copyright Act
TopTier respects the intellectual property rights of others and expects its Users to do the same. TopTier may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, TopTier, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting TopTier copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the rights owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the rights owner or are authorized to act on the rights owner's behalf.
- A signature or the electronic equivalent from the rights owner or authorized representative.
- No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. TopTier is not an employment service or agency, and does not serve as an employer or referral source for any User.
- Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
- Complete Agreement. These Terms of Service contain the entire agreement between you and TopTier regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
- Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify TopTier as to any matters relating to the Site or Services please contact TopTier at: firstname.lastname@example.org
- Force Majeure. No User shall be liable or responsible to another User, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such party's (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other relevant industrial disturbances; (h) a material worsening of the effects of the COVID-19 (including any of its related variants) pandemic resulting in the widespread closure of businesses, (i) shortage of adequate power or transportation facilities; and (j) other similar events beyond the control of the Impacted Party.