Welcome to Triumph Education, LLC. Triumph Education, LLC provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular services, you and TRIUMPH EDUCATION, LLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TRIUMPH EDUCATION, LLC may offer other services from time to time that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE TRIUMPH EDUCATION, LLC
This is a subscription-based service, the length of the subscription is described in your invoice.The subscription is intended for the exclusive use of faculty and students assigned to the Learning Education Agency (LEA), school or facility that has purchased the subscription. Use by people not assigned to the LEA, school or facility that purchased the subscription is a violation of the TOS and can result in the suspension of the subscription and legal action. The subscription provides access to test preparation services for the SAT, PSAT and ACT - depending on what services were subscribed. You understand and agree that the Service is provided "AS-IS" and that TRIUMPH EDUCATION, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TRIUMPH EDUCATION, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TRIUMPH EDUCATION, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. STUDENT/TEACHER/PARTICIPANT ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TRIUMPH EDUCATION, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TRIUMPH EDUCATION, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. STUDENT/TEACHER/PARTICIPANT CONDUCT
You agree to not use the Service to: a. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (such as proprietary and confidential information learned, read or gained access to from this site); b. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; c. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; d. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; e. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or f. collect or store personal data about other users. You acknowledge that TRIUMPH EDUCATION, LLC does not pre-screen any content located on any of the sites that are linked to this and related sites, but that TRIUMPH EDUCATION, LLC shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content from the linked sites. You acknowledge and agree that TRIUMPH EDUCATION, LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TRIUMPH EDUCATION, LLC, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
7. PUBLIC CONTENT POSTED TO TRIUMPH EDUCATION, LLC WEBSITES:
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. There are NO publicly accessible areas of the service that allow posting of information other than the subscription or information request pages. All other areas require specific access via an account and password.
8. INDEMNITY You agree to indemnify and hold TRIUMPH EDUCATION, LLC,
and its subsidiaries, affiliates, officers, agents, directors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TRIUMPH EDUCATION, LLC may establish general practices and limits concerning use of the Service (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that TRIUMPH EDUCATION, LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TRIUMPH EDUCATION, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE TRIUMPH EDUCATION, LLC
Reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TRIUMPH EDUCATION, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION You agree that TRIUMPH EDUCATION, LLC,
in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TRIUMPH EDUCATION, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TRIUMPH EDUCATION, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TRIUMPH EDUCATION, LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TRIUMPH EDUCATION, LLC shall not be liable to you or any third-party for any termination of your access to the Service. To remove your name from our mailing list, please send a "Do Not Mail" e-mail to email@example.com (Be sure to include your full name, address, city, state, zip code and phone number.)
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TRIUMPH EDUCATION, LLC has no control over such sites and resources, you acknowledge and agree that TRIUMPH EDUCATION, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TRIUMPH EDUCATION, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. TRIUMPH EDUCATION, LLC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TRIUMPH EDUCATION, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. TRIUMPH EDUCATION, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TRIUMPH EDUCATION, LLC for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Triumph Education, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. Triumph Education, LLC makes no warranty that (I) the service will meet your requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected.
C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
16. LIMITATION OF LIABILITY
You expressly understand and agree that Triumph Education, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Triumph Education, LLC has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
Test names and other trademarks are the property of the respective trademark holders. None of the trademark holders listed below are affiliated with TRIUMPH EDUCATION, LLC or this website. Advanced Placement Program, AP, and SAT are registered trademarks of the College Entrance Examination Board. PSAT/ NMSQT and National Merit Scholarship Qualifying Test are registered trademarks of the College Entrance Examination Board. ACT is a registered trademark of the American College Testing, Inc.
20. COPYRIGHTS and COPYRIGHT AGENTS
TRIUMPH EDUCATION, LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TRIUMPH EDUCATION, LLC's Copyright Agent the following information: - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - a description of the copyrighted work that you claim has been infringed; - a description of where the material that you claim is infringing is located on the site; - 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 copyright owner, its agent, or the law; - a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. TRIUMPH EDUCATION, LLC's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows: By mail: Copyright Agent c/o TRIUMPH EDUCATION, LLC, 7 TRIUMPH EDUCATION,LLC 15175 Eagle Nest Lane,Ste. 103 Miami Lakes, FL 33014 By email: firstname.lastname@example.org .
21. GENERAL INFORMATION The TOS
constitute the entire agreement between you and TRIUMPH EDUCATION, LLC and govern your use of the Service, superseding any prior agreements between you and TRIUMPH EDUCATION, LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TRIUMPH EDUCATION, LLC shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and TRIUMPH EDUCATION, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia. The failure of TRIUMPH EDUCATION, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.