Terms of Service

These Terms of Service (these "Terms") constitute a legally binding agreement between you ("you," "your," or "User") and the individual developer or developers who own and operate TierOne Business Prep, also known as TierOne BizPrep (collectively, "we," "us," "our," or the "Developer"), governing your access to and use of the TierOne Business Prep website, application programming interfaces, artificial intelligence features, and all related content, software, and services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS THAT AFFECT HOW DISPUTES ARE RESOLVED. BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.

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01. Acceptance and Modification of Terms

Binding Agreement

Your access to or use of the Service in any manner constitutes your acceptance of these Terms as they exist at that time. If you are accepting these Terms on behalf of a school, club, chapter, or other organization, you represent and warrant that you have authority to bind that organization, and "you" shall refer to both you and that organization.

Changes to These Terms

We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time. Revised Terms will be posted on this page with an updated "Last Updated" date. Unless otherwise stated, revisions become effective immediately upon posting. Your continued access to or use of the Service after revised Terms are posted constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to any revision, your sole and exclusive remedy is to stop using the Service and request deletion of your account.

02. Description of the Service

TierOne Business Prep is an independent, free, non-commercial educational study aid created as a high school student project to help students prepare for competitive business events. Features of the Service may include, without limitation:

• Account registration and authenticated sign-in
• AI-generated multiple-choice practice questions and practice modules
• Conversational, chat-based practice quizzes scored by an AI tutor
• AI-generated explanations of business concepts and of answers to practice questions
• Score history, accuracy, streak, and topic-performance analytics
• A weekly leaderboard that ranks participating students by practice activity
• Teacher accounts and classrooms, in which teachers assign practice, with optional due dates and notes they can change later, to students who join with a join code, view the results of that practice, post and edit announcements to the class, and choose whether the classroom accepts new students
• A study calendar on which students plan practice sessions, and a teacher calendar on which teachers schedule events for themselves or share them with a classroom
• Optional reminder notifications for planned practice and scheduled events, delivered to the browsers in which you turn them on
• AI teaching tools that generate study plans and class insights for teachers from their classrooms' assignment results
• Profile preferences such as display name, competitive event track, and leaderboard display choices

The Service is provided free of charge. We may add, change, limit, suspend, or remove any feature at any time, as further described in Section 15.

03. No Affiliation with FBLA

TierOne Business Prep is not affiliated with, endorsed by, sponsored by, approved by, or officially connected in any way to Future Business Leaders of America, Inc. ("FBLA"), any FBLA state chapter, or any other competitive event organization. "FBLA," "Future Business Leaders of America," and related names, marks, emblems, and event titles are the trademarks or property of their respective owners and are used on the Service solely for nominative and descriptive purposes to identify the subject matter of the study content. Nothing on the Service is an official FBLA examination, an official FBLA study guide, or a representation of the content, format, or difficulty of any actual competitive event.

04. Eligibility and Minors

Minimum Age

You must be at least thirteen (13) years of age to create an account or use the Service. The Service is not directed to children under 13, and we do not knowingly permit children under 13 to register. If we learn that a user is under 13, we will terminate that user's account and delete the associated personal information as described in our Privacy Policy.

Users Under the Age of Majority

If you are at least 13 but under the age of majority in your jurisdiction (eighteen (18) in most U.S. states), you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Service. A parent or legal guardian who permits a minor to use the Service agrees to be bound by these Terms, is responsible for supervising the minor's use of the Service, and accepts responsibility for the minor's compliance with these Terms.

Additional Representations

By using the Service, you further represent and warrant that (a) all information you provide to us is truthful, accurate, and complete; (b) you are not prohibited from using the Service under any applicable law; and (c) you have not previously been suspended or removed from the Service.

05. Accounts and Security

Registration

To access most features, you must register for an account using a valid email address, a display name, and a password that meets our security requirements. You agree to provide accurate and current information and to keep it updated. We may refuse registration, or reject any email address, in our sole discretion, including addresses from disposable or temporary email providers.

One Account per Person; Registration Limits

Each account is personal to one individual. To prevent abuse, we limit the number of accounts that may be created from a single network within a given period. You agree not to create accounts by automated means, under false pretenses, or to circumvent any registration limit, suspension, or ban.

Credential Confidentiality

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether or not authorized by you. You agree not to share, sell, transfer, or permit any other person to use your account or credentials.

Single Active Session

The Service permits only one active session per account. Signing in on a new device or browser may automatically sign you out of any prior session. You acknowledge that this is an intended security feature and not a defect.

Weekly Leaderboard

The Service includes a weekly leaderboard, visible to signed-in users, that ranks students by the number of practice questions answered during the current week. You are included by default and may opt out, opt back in, or change how your name appears (your full display name, first name and last initial, first name only, initials only, or a username you choose) at any time in Account Settings. Our Privacy Policy describes exactly what the leaderboard shows to other users and how long it is kept.

The leaderboard is provided solely for motivation and fun. Rankings are calculated automatically from practice activity reported by users' browsers and may be inaccurate, incomplete, or delayed. Rankings carry no prize, reward, certification, or official standing, and have no connection to FBLA or any competitive event. Only a limited number of questions per day count toward the leaderboard. We may adjust, recalculate, or remove any ranking, and may reset or suspend the leaderboard, at any time in our sole discretion.

Leaderboard Names and Usernames

You are responsible for the name you choose to show on the leaderboard. Any leaderboard username you choose must not (a) be offensive, harassing, hateful, sexually explicit, or otherwise objectionable; (b) impersonate or suggest an affiliation with any other person, the Developer, FBLA, or any school or organization; (c) contain any personal information, such as your real full name, email address, phone number, social media handle, or school; or (d) infringe any person's rights. Usernames are first come, first served and do not give you any ownership or other right in the name. We may remove, reset, or reassign any username, or remove you from the leaderboard, at any time and without notice if we believe it violates these Terms. You grant the Developer a worldwide, royalty-free, non-exclusive license to display your leaderboard name and weekly totals to other users of the Service for as long as you remain included on the leaderboard.

Teacher Accounts and Classrooms

Teacher accounts are available only to adults aged eighteen (18) and over. By creating a teacher account, you represent and warrant that you are a teacher, FBLA adviser, or other adult responsible for supporting students' study, and that you will use classroom features only for that purpose. You are responsible for complying with the policies of your school or organization and with any law that applies to student information you access through the Service, including obtaining any permission your school requires before inviting students to use the Service.

Students join a classroom only by entering its join code, and may leave at any time. A teacher can see the display name and email address of each student in their classroom and the results of the practice they assign, as described in our Privacy Policy. Teachers agree to keep that information confidential, to use it only to support those students' study, and not to share it with anyone who is not authorized to see it. Teachers are responsible for sharing join codes only with the students they intend to admit, and for reviewing who has joined. A teacher may close a classroom to new students, which stops its join code from admitting anyone new but does not remove students already in it; a teacher who believes a code has reached the wrong people should also get a new code and remove anyone who should not be in the classroom. We may remove students from classrooms, delete classrooms, or suspend teacher features at any time.

Announcements and Shared Events

Teachers may post announcements to a classroom and share calendar events with it. Every student in the classroom can see them, including students who join later. Teachers are solely responsible for the content of their announcements, events, assignment notes, and classroom names, and agree that such content will (a) relate to the classroom's study, practice, or competition preparation; (b) be appropriate for students aged thirteen (13) and over; (c) not include personal information about any student or other person, such as grades, scores, contact details, health information, or disciplinary matters; and (d) comply with these Terms, including Section 06, and with the policies of their school or organization. Teachers may edit an announcement after posting it, and may change the due date or note of practice they have assigned; students see only the current version, and earlier versions are not kept. Because students who already read an announcement or noted a due date may not notice a change, teachers should communicate important corrections, such as a changed date, time, or location, through a new announcement or another appropriate channel, and must not edit an announcement in a way that misrepresents what was originally communicated. Announcements and events are not a substitute for official communication from a school or competitive event organization, and students should confirm important dates, times, and locations with their teacher or the organizer. We may remove any announcement or event at any time and without notice if we believe it violates these Terms.

Calendars and Reminders

Calendar plans, events, and reminders are provided for convenience only. Times are shown and reminders are scheduled in the time zone of the device on which a plan or event was saved. Reminders are sent only to browsers in which you have turned them on and allowed notifications, depend on your device, your browser, and your browser's push service, and may be delayed, delivered more than once, or not delivered at all, for example if your device is offline or the Service is unavailable. A reminder that cannot be delivered within a limited period is discarded. Reminder notifications are displayed by your device and may be visible to others who can see your screen. You are solely responsible for keeping track of your own practice, assignments, deadlines, meetings, and competitions, and you must not rely on the Service as your only record of, or reminder for, any of them.

Notice of Unauthorized Use

You agree to notify us immediately of any actual or suspected unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials or to comply with this Section.

06. Acceptable Use Policy

You agree to use the Service only for lawful, personal, non-commercial educational purposes and in compliance with these Terms. Without limitation, you agree that you will not, and will not attempt to, directly or indirectly:

• Bypass, disable, probe, scan, or test the vulnerability of any authentication system, authorization control, rate limit, usage quota, content filter, or other security or integrity measure of the Service.
• Access or attempt to access non-public areas of the Service, its databases, internal application programming interfaces, source code, server infrastructure, or the accounts or data of other users.
• Use any robot, spider, scraper, crawler, script, browser extension, or other automated means to access the Service, extract data or content, or generate requests, except as expressly permitted by us in writing.
• Send requests at a volume or frequency that imposes an unreasonable load on the Service or that is designed to exhaust rate limits, AI usage allowances, or server resources, including denial-of-service attacks.
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, prompts, system instructions, models, datasets, algorithms, or underlying structure of the Service.
• Submit any prompt, message, or other input designed to manipulate, override, "jailbreak," or extract the instructions of any AI feature, or to cause any AI feature to produce content that is unlawful, harmful, or inconsistent with these Terms.
• Submit any content that is unlawful, defamatory, harassing, abusive, threatening, hateful, discriminatory, sexually explicit, violent, obscene, or otherwise objectionable, or that exploits or endangers minors.
• Submit any personal information of yourself or any other person through any AI feature, or any content that infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any person.
• Upload or transmit any virus, malware, worm, Trojan horse, or other harmful or malicious code.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity, including by creating a teacher account if you are not a teacher, adviser, or other adult supporting students' study.
• Use classroom features or AI teaching tools to collect, compile, or disclose information about students for any purpose other than supporting their study, or attempt to identify or access any student's information beyond what the Service shows you.
• Use announcements, calendar events, notes, or reminders to send advertising, spam, chain messages, or solicitations, to link students to off-platform services for any purpose other than their study, or to contact students about matters unrelated to the classroom.
• Manipulate or artificially inflate any leaderboard ranking, including by submitting practice results for sessions you did not genuinely complete, sending score submissions by automated or scripted means, or using multiple accounts.
• Copy, reproduce, republish, sell, resell, license, frame, mirror, or commercially exploit any part of the Service or any content generated by the Service, including by compiling AI-generated content into a competing database, question bank, or product.
• Use the Service, or any content generated by it, to violate the rules of any academic institution or competitive event, including by accessing the Service during any examination or competition in which outside assistance is prohibited.
• Use the Service in violation of any applicable local, state, national, or international law or regulation.
• Assist, encourage, or enable any other person to do any of the foregoing.

We may, but have no obligation to, monitor, screen, or review use of the Service. We may investigate and take any action we deem appropriate in response to any actual or suspected violation of this Section, including suspending or terminating access and cooperating with law enforcement authorities.

07. Automated Safeguards and Usage Limits

You acknowledge and agree that the Service employs automated technical safeguards that may restrict your access without prior notice, including, without limitation: per-network and per-account rate limits; daily limits on the number of AI requests per account, which apply to every AI feature, including the AI teaching tools available to teacher accounts; automated screening of AI inputs that may reject requests containing prohibited phrases or patterns; temporary blocking of networks that generate excessive errors or suspicious traffic; limits on registrations per network; rejection of disposable email addresses; daily limits on the number of practice questions that count toward the weekly leaderboard; limits on the number of upcoming calendar plans and events per account, announcements and assignments per classroom, and browsers per account that can receive reminders; and limits on how far in advance plans, events, and due dates may be scheduled. These safeguards may occasionally restrict legitimate use. We are not liable for any such restriction, and we may change the nature or level of any limit at any time in our sole discretion.

08. Artificial Intelligence Features

Nature of AI Output

Certain features of the Service use third-party large language models and artificial intelligence services to generate practice questions, quizzes, scores, explanations, feedback, study plans, class insights, and other content ("AI Output"). AI Output is generated automatically and probabilistically, is not reviewed by a human before it is shown to you, and may be inaccurate, incomplete, misleading, outdated, offensive, or inconsistent. AI Output, including any answer key, explanation, or score produced by an AI feature, may be wrong.

No Reliance

You acknowledge that AI Output does not reflect the views of the Developer and is provided for informational and practice purposes only. You are solely responsible for evaluating AI Output and for independently verifying any information before relying on it for any academic, competitive, financial, legal, business, career, or other purpose. You assume all risk associated with your use of, or reliance on, AI Output.

AI Teaching Tools

AI study plans and class insights are generated automatically from the assignment results recorded in a teacher's classroom, which may be incomplete, and may misdescribe a student's or a class's performance. They are suggestions only. Teachers must review them against the underlying results and use their own professional judgment, and must not rely on AI Output as the sole basis for any grade, evaluation, placement, team selection, or other decision about a student.

Processing of Inputs

To provide AI features, the content you submit, including questions, answers, chat messages, study topics, and, for AI teaching tools, a teacher's study plan options and goal note together with a summary of their classroom's assignment results that identifies students only by temporary labels ("Inputs"), is transmitted to third-party AI service providers for processing, as described in our Privacy Policy. You must not include in any Input any personal, sensitive, confidential, or proprietary information.

Responsibility for Inputs

You are solely responsible for your Inputs and represent and warrant that your Inputs and our processing of them as described in these Terms will not violate these Terms, any applicable law, or the rights of any third party.

09. Educational Purposes Only; No Professional Advice

The Service and all content on it, including AI Output, are provided solely for general educational, study, and informational purposes. Nothing on the Service constitutes, or is intended to be a substitute for, professional educational, academic, legal, accounting, tax, financial, investment, business, or career advice. You should consult an appropriately qualified professional before making any decision based on information obtained through the Service. No teacher-student, advisor-client, fiduciary, or other professional relationship is created between you and the Developer by your use of the Service. Teachers who use classroom features or AI teaching tools remain solely responsible for their own instructional decisions.

10. Intellectual Property

Ownership of the Service

The Service and all of its contents, features, and functionality, including all software, source code, object code, prompts, system instructions, curated datasets, designs, text, graphics, logos, the "TierOne" name and branding, page layouts, and the selection and arrangement thereof (collectively, "Developer Materials"), are and will remain the exclusive property of the Developer and its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license expressly granted below, nothing in these Terms grants you any right, title, or interest in or to any Developer Materials. All rights not expressly granted are reserved.

Limited License to You

Subject to your continued compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, and to view and use AI Output generated for you, solely for your own personal, non-commercial educational study. This license terminates automatically upon any breach of these Terms or upon termination of your account.

Proprietary and Closed-Source Status

The Service is proprietary and closed-source. The source code, prompts, system instructions, and datasets used by the Service constitute confidential information and trade secrets of the Developer. No license to any source code is granted or implied.

Your Inputs

As between you and us, you retain whatever ownership rights you may have in your Inputs. You hereby grant the Developer a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, transmit, reproduce, process, adapt, and display your Inputs solely as necessary to operate, provide, secure, and maintain the Service, including by transmitting Inputs to our service providers.

Content You Post

As between you and us, you retain whatever ownership rights you may have in the content you enter into the Service other than Inputs, including classroom names, assignment notes, announcements, calendar plans and events, leaderboard usernames, and bug reports ("User Content"). You hereby grant the Developer a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, transmit, reproduce, and display your User Content solely as necessary to operate, provide, secure, and maintain the Service, including by displaying it to the users you choose to share it with, such as the students in your classroom. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate these Terms or the rights of any person.

Feedback

If you provide any suggestions, comments, ideas, bug reports, or other feedback regarding the Service ("Feedback"), you hereby grant the Developer a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, modify, and incorporate such Feedback for any purpose without compensation or attribution to you. You waive any moral rights you may have in such Feedback.

Third-Party Marks and Content

All third-party names, trademarks, and materials referenced on the Service remain the property of their respective owners. Reference to any third party does not imply any endorsement of or by that third party.

11. Copyright Complaints

We respect the intellectual property rights of others. If you believe in good faith that any material available on the Service infringes your copyright, you may send us a written notice through the contact method described in Section 22 that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers in appropriate circumstances.

12. Third-Party Services

The Service relies on third-party services, including cloud hosting, authentication, database, content delivery, browser push notification, and artificial intelligence providers ("Third-Party Services"). Your use of the Service may be subject to the terms and policies of those Third-Party Services. We do not control and are not responsible for any Third-Party Service, including its availability, accuracy, security, data practices, or content, and we disclaim all liability arising from your use of, or any failure or unavailability of, any Third-Party Service.

13. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and disclose information about you. By using the Service, you acknowledge that you have read the Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

14. Suspension and Termination

Termination by Us

We may suspend, restrict, or terminate your access to all or any part of the Service, or delete your account and any associated data, at any time, for any reason or no reason, with or without notice, and without liability to you, including if we believe that you have violated these Terms, that your use poses a risk to the Service, other users, or us, or that continued provision of the Service is no longer practical.

Termination by You

You may stop using the Service at any time. You may permanently delete your account at any time through the Account Settings page of the Service, after confirming your password, or by request as described in our Privacy Policy. Account deletion is irreversible, and deleted account data, practice history, statistics, calendar plans and events, leaderboard entries, and leaderboard usernames cannot be recovered. Deleting a teacher account also permanently deletes every classroom the teacher created, including its roster, assignments, results, announcements, and the calendar events shared with it.

Effect of Termination

Upon any termination, all licenses and rights granted to you under these Terms will immediately cease, and you must immediately stop using the Service. We are not obligated to retain, return, or export any account data, score history, or other information following termination. Sections 03, 08, 09, 10, 12, and 14 through 21, and any other provision that by its nature should survive, will survive any termination of these Terms.

15. Modifications to and Availability of the Service

We reserve the right at any time to modify, suspend, or discontinue the Service, or any feature, content, or functionality of it, temporarily or permanently, with or without notice. We do not guarantee that the Service will be available at any particular time or for any particular duration, and we have no obligation to maintain, support, upgrade, or continue hosting the Service. The Service may be unavailable due to maintenance, failure of a Third-Party Service, rate limiting, circuit-breaker protections, or other causes. We will not be liable to you or any third party for any modification, suspension, discontinuation, or unavailability of the Service, or for any loss of data resulting therefrom.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ALL DEVELOPER MATERIALS, AND ALL AI OUTPUT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE DEVELOPER DOES NOT WARRANT OR REPRESENT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
• ANY AI OUTPUT, PRACTICE QUESTION, ANSWER KEY, EXPLANATION, OR SCORE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR APPROPRIATE;
• ANY CONTENT WILL REFLECT THE ACTUAL CONTENT, FORMAT, OR DIFFICULTY OF ANY FBLA OR OTHER COMPETITIVE EVENT;
• YOUR USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR ACADEMIC, EXAMINATION, COMPETITION, OR CAREER OUTCOME;
• ANY DATA, SCORE HISTORY, PROGRESS, CALENDAR PLAN, EVENT, OR ANNOUNCEMENT WILL BE PRESERVED OR WILL NOT BE LOST OR CORRUPTED;
• ANY REMINDER OR NOTIFICATION WILL BE DELIVERED, OR DELIVERED AT THE INTENDED TIME;
• ANY ANNOUNCEMENT, CALENDAR EVENT, OR DUE DATE POSTED BY A TEACHER OR OTHER USER WILL BE ACCURATE, CURRENT, OR APPROPRIATE, OR WILL NOT BE CHANGED AFTER YOU FIRST SEE IT; OR
• THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE DEVELOPER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER, OR ITS PARENTS, GUARDIANS, CONTRIBUTORS, ADVISORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "DEVELOPER PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, ACADEMIC STANDING, COMPETITION PLACEMENT, SCHOLARSHIP, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY AI OUTPUT OR YOUR RELIANCE ON IT; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, THIRD-PARTY SERVICE, OR OTHER USER, INCLUDING ANY ANNOUNCEMENT, CALENDAR EVENT, OR DUE DATE POSTED BY A TEACHER; (D) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR ACCOUNT, INPUTS, OR DATA; (E) ANY FAILED, DELAYED, OR DUPLICATED REMINDER OR NOTIFICATION, OR ANY MISSED PRACTICE SESSION, ASSIGNMENT, DEADLINE, MEETING, OR COMPETITION; OR (F) ANY INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEVELOPER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE DEVELOPER PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE DEVELOPER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN U.S. DOLLARS (US $10.00).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FREE OF CHARGE AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE DEVELOPER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE DEVELOPER PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Developer Parties from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your Inputs and User Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rules of any academic institution or competitive event; or (e) your violation of any right of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You may not settle any such matter without our prior written consent.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal Resolution

Before initiating any formal proceeding, you agree to first contact us through the method described in Section 22 and provide a written description of your claim. You and we agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days after the notice is received.

Agreement to Arbitrate

If a dispute is not resolved informally, you and the Developer agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a "Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. The arbitrator, and not any court, will have exclusive authority to resolve any question regarding the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. This agreement to arbitrate is governed by the Federal Arbitration Act.

Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court if the claim qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or of the security or integrity of the Service.

Class Action and Jury Trial Waiver

YOU AND THE DEVELOPER AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE DEVELOPER EACH WAIVE THE RIGHT TO A JURY TRIAL.

Right to Opt Out

You may opt out of this agreement to arbitrate by sending written notice of your decision to opt out through the method described in Section 22 within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Severability of This Section

If the class action waiver above is found to be unenforceable with respect to any Dispute, then this agreement to arbitrate will not apply to that Dispute, and that Dispute will proceed in court as provided in Section 20. If any other portion of this Section is found unenforceable, the remainder of this Section will remain in effect.

Time Limit on Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.

20. Governing Law and Venue

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 19. Subject to Section 19, you agree that any action not subject to arbitration will be brought exclusively in the state or federal courts located in the State of California, and you irrevocably consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The Service is operated from the United States, and we make no representation that it is appropriate or available for use in other locations. Those who access the Service from outside the United States do so on their own initiative and are responsible for compliance with local law.

21. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any other policies or notices posted by us on the Service, constitute the entire agreement between you and the Developer concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable for any reason, that provision will be enforced to the maximum extent permissible or severed, and the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing to be effective.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment without such consent is void. We may freely assign or transfer these Terms without restriction or notice.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, cyberattacks, or the failure or unavailability of any Third-Party Service.

Electronic Communications

By using the Service, you consent to receive communications from us electronically, including through notices posted on the Service or sent to the email address associated with your account, and you agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and the Developer.

No Third-Party Beneficiaries

Except for the Developer Parties as provided in Sections 17 and 18, these Terms do not confer any rights or remedies on any person other than you and the Developer.

Headings and Interpretation

Section headings are for convenience only and have no legal or contractual effect. The words "including" and "include" mean "including without limitation." These Terms will not be construed against the drafter.

22. Contact Information

Questions, notices, copyright complaints, arbitration opt-out notices, and other communications regarding these Terms must be sent to the Developer by email at [email protected]. Notices to you may be sent to the email address associated with your account or posted on the Service. Notices to the Developer are deemed received when actually received at the foregoing address.

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Disclaimer: TierOne Business Prep is an independent, non-commercial educational study aid built as a student project. It is not affiliated with, endorsed by, or officially connected to Future Business Leaders of America, Inc. (FBLA). All FBLA trademarks are the property of their respective owners.