Top Tier, LLC DBA Top Tier a Colorado Limited Liability Company (collectively, “we,” “us” or “Top Tier”) provides you access to the Top Tier services (“Services”) including its applications and websites, available at the entry-point URL https://www.TopTier.com and/or www.Skool.com/toptier (the “Site”), and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Intensive”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Intensive. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you are under 18 years of age, then do not use the Site.

 

Your Acceptance of These Terms of Use

 

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with Top Tier for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Top Tier). The term “User” refers to a Visitor or a Subscriber. You are authorized to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

 

BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH TOP TIER OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. TOP TIER’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES.

 

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Top Tier on a Site.

 

User Communications

 

You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may, without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. If you unsubscribe from any emails, you will also be unsubscribed from any notices or emails for services you may have paid for.

 

User Accounts and User Registration

 

While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.

 

In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name, email address, phone number, etc. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Intensive, to the extent applicable.

 

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Intensive. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores/progress in our classes.

 

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy. By registering, you agree that you are registered for the course only once and will not share your login information with any other person regardless of affiliation. If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund you will abide by these Terms of Use.

Top Tier and the experts of the Online Intensive reserve the right to alter, modify or rearrange the schedule of topics for the Online Intensive.

 

User Conduct Policy

 

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, resell, coach, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site for commercial purposes. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

As a condition of accessing the Site and/or using the Online Intensive, you agree not to (a) use Top Tier’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (b) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (d) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (e) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Intensive; or (f) interfere with or disrupt the Online Intensive or servers or networks connected to the Online Intensive, or disobey any mente, procedures, policies or regulations of networks connected to the Online Courses.

 

In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”): that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; that interferes with a User’s business or services; that takes any action that may undermine online reviews or feedback; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Site; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

 

Interactive Features

 

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

 

Restrict or inhibit any other user from using and enjoying the Site.

 

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

 

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

 

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

 

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

 

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

 

Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

 

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

 

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

 

Top Tier may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.

 

Top Tier or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Top Tier, Top Tier’s outside contributors, or by users not connected with Top Tier, some of whom may employ anonymous user names. Top Tier expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Top Tier or any of its subsidiaries or affiliates.

 

Top Tier has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

 

We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.

 

Online Commerce

 

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

 

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TopTier.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

If you happen to purchase anything we recommend, in this or any form of communication from us, we may receive some kind of compensation. With that being said, we only recommend products or services that we truly believe in and would share with our friends and family. If you ever have an issue with anything we recommend please let us know. We want to make sure we are always serving you at the highest level possible. FTC DISCLOSURE: Any claims shared by viewers, subscribers, or clients are understood to be true and accurate, but are not verified. Any products, programs, or personal recommendations made in the for of an introduction or any form of communication from us may result in some form of compensation to us from the third party. Always do your own due diligence and use your own judgment when making buying decisions.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

 

Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability. If payment for a course is declined, our system will automatically disable access. We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.

 

Intellectual Property Rights

 

The Services are owned and operated by Top Tier and its licensors. Top Tier reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that Top Tier shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Vodyssey to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use. All content or other material available on the Site or through the Online Intensive, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Vodyssey and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

 

Top Tier logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Top tier and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Top Tier.

 

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. Any use of such information for commercial purposes is strictly prohibited. Top Tier and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

 

License to Use the Site and Online Courses

 

Subject to your compliance with these Terms of Use, Top Tier hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Intensive as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

 

User Content

 

The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Top Tier does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to Top Tier below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Top Tier, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Top Tier’s Content or Services which you may propose or make or which User and Top Tier may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as Top Tier, its affiliates, and its and their customers and business partners.

 

With respect to any User Content you submit to Top Tier (including for inclusion on the Site or Online Intensive) or that is otherwise made available to Top Tier by posting in the community forum, you hereby grant Top Tier an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Intensive or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Vodyssey above shall be exclusive.

 

Top Tier reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Top Tier to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Top Tier, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Use of Communication Tools and Related Services

 

The Online Courses may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or Top Tier. You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which Top Tier provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use.

 

By using any of the communications tools available on the Online Courses, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Top Tier in any manner (unless expressly stated otherwise by Top Tier) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Top Tier in any manner, though Vodyssey reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use.

 

Additionally, through such communication tools, Top Tier may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

 

Payment Terms

 

To purchase any services or products offered by Top Tier through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Top Tier’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Top Tier Site as they become due, whether on a one-time or subscription basis.

 

Refund Policy

 

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Except as otherwise provided herein, we offer a 14 day no questions asked refund on products and services you purchase to offer you the opportunity to dive in and make sure the said product is the right fit for you.

 

CHALLENGES, ONE TIME OFFERS (OTOs) & MONTHLY SUBSCRIPTIONS: There are no refunds for the purchase of the Challenges, One Time Offers (OTOs) or Monthly Subscriptions. All content made available during said offerings is only guaranteed as available for the duration of the offering, not afterwards. Due to the nature of these offerings, there is no refund offered after purchase is made. In addition, monthly subscriptions can be cancelled at any time with a 30 day written notice to company, such notice must be sent to support@toptier.com. If customer cancels their subscription to any service before the expiration of the agreed upon term, then customer is ineligible to receive Top Tier pricing for said subscription service for a period of two years.

 

LIVE EVENTS: Any amounts paid for a Live Event are non-refundable even if you cannot attend the event.

 

BONUSES: All bonuses will be delivered at various times and certain bonus content will not be available until product is paid for in full. In the event that payments are not completed, all access and bonuses will be revoked. Some bonuses may not be available to purchasers until after purchasers are outside of the refund period.

 

All refunds outside of this policy are discretionary as determined by Top Tier. Top Tier reserves the right to issue refunds for extenuating circumstances, as we deem necessary. All refunds will be for the total price paid less the cost for materials sent and/or commissions paid upon purchase.

 

Services Availability

 

You acknowledge and agree that Top Tier’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Top Tier, at its sole discretion, may limit, suspend, or terminate your use of all Top Tier-provided services related to Vodyssey’s services and may modify or discontinue all services related to its programs at its sole discretion.

 

Warranty

 

You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and services available on the Site is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR MENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

 

Limitation of Liability and Consequential Damages Waiver

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, FORUM POSTS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS VODYSSEY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

 

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY VODYSSEY SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.

 

WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND VODYSSEY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. YOU acknowledge and agrees that no representation has been made by TopTier.com OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.

 

IN NO EVENT SHALL VODYSSEY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

 

No Class Actions

 

You agree that you will only be permitted to bring claims against Top Tier on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

 

Linking to Other Sites

 

The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Vodyssey does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Top Tier, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

 

Termination of Rights

 

You agree that Top Tier, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if Vodyssey believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Vodyssey shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Vodyssey may retain and store your information on Vodyssey’s systems notwithstanding any termination of your account or the Online Courses. You agree that if your account is deactivated & terminated by Vodyssey for any reason, you waive your right to any refund policy available to you at time of deactivation and termination.

 

Security

 

Top Tier shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with Vodyssey's security standards. Customer is responsible for reviewing the information made available by Vodyssey relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Vodyssey may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer. Top Tier shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.

 

Dispute Procedure and Claims of Copyright Infringement

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Vodyssey.com infringe your copyright, you, or your agent may send to Vodyssey.com a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Vodyssey.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Vodyssey.com a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Vodyssey’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@toptier.com

 

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Top Tier’s Copyright Agent with the following information:

 

● an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;

● a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

● a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;

● your address, telephone number, and email address;

● a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

● a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

Vodyssey’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

● Copyright Agent: Top Tier, Inc. Email: support@toptier.com.

Miscellaneous Provisions

● Vodyssey may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Vodyssey.

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of the United States Of America, as it is applied to agreements entered into and to be performed entirely within Ireland and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Vodyssey, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be subject only to the jurisdiction of the courts located in Country of United States Of America, State of Utah.

 

Top Tier makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited.

 

If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect.

 

Top Tier shall have no liability under these Terms of Use to the extent arising from any failure of Vodyssey to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond Vodyssey’s reasonable control.

 

Top Tier shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page. Any delay or failure on the part of Vodyssey to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. These Terms of Use constitute the entire agreement between you and Top Tier relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Vodyssey or through a specific writing between you and Vodyssey. Any notice which may need to be given to us under these Terms of Use may be sent to us by emailing: Top Tier LLC at support@toptier.com. The section titles herein are displayed for convenience only and have no legal effect.

 

Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website, www.toptier.com If you have any questions or concerns regarding our privacy policy please direct them to: support@toptier.com