Welcome to TopSchool! This agreement describes your rights and responsibilities as a TopSchool member and what you can expect from us.
Each person can only have one account, and you may not share your account password with anyone else (even a family member sharing your home). You must use your real name, not a pseudonym. If you are under 13 years old, do not use our services or provide any data to us. Registered sex offenders and their households are not eligible for TopSchool accounts, and we may also deny account registrations we think would harm a TopSchool community.
You must submit accurate registration information. Providing false registration information violates our norms and could constitute a crime. Although we make efforts to verify members’ school community status and identify registered sex offenders, please do not assume our verification processes are perfect. School districts and school offices may have (such as city offices or police or fire departments) have restricted-functionality accounts; among other restrictions, they can only access messages sent to them, not messages between parents in the community.
Some content such as news and videos are licensed or redistributed from third party providers. You may not directly or indirectly sell, distribute, reverse engineer, or sublicense any content or use such content other than as part of our services. Some business address and contact information is licensed from 3rd parties. You may not sublicense, resell, or otherwise distribute such data to any third party; it is only for your internal personal use. You have a non-transferable license to use the TopSchool iPhone app, on aniOS Product that you own or control, only as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple does not have any obligation to furnish any maintenance and support services with respect to the TopSchool iPhone app. You must comply with any applicable third party terms of agreement when using the TopSchool iPhone app.
We can terminate or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, infringe IP repeatedly, or otherwise engage in behavior that we think harms a TopSchool community.
If you use our text messaging service for notification related to school news and classroom information, note that text message alerts are not intended to replace any communication you currently receive from your school or classroom.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE TOPSCHOOL SERVICE, OUR SOFTWARE OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you. To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the TopSchool iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the TopSchool iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the TopSchool iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights.
(a)This agreement is governed by Delaware law.
(b)Any disputes or claims between you and TopSchool shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
(c)EITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY 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 TOPSCHOOL AGREE OTHERWISE, THE ARBITRATOR 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. ALSO, THE ARBITRATOR 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 TOPSCHOOL MEMBERS.
(d)The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement. You can find the AAA's rules, and a form for initiating arbitration proceedings, at www.adr.org.
(e)The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TopSchool may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TopSchool (subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant). Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise.
(f)The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different TopSchool users but is bound by rulings in prior arbitrations involving the same TopSchool user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(g)Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules except as expressly stated otherwise. If the value of the relief sought is $10,000 or less, at your request, TopSchool will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by TopSchool should be submitted by mail to the AAA along with your Demand for Arbitration, and TopSchool will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TopSchool will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that your claims are frivolous, you agree to reimburse TopSchool for all fees associated with the arbitration paid by TopSchool on your behalf that you otherwise would be obligated to pay under the AAA's rules.
(h)Except with respect to subsection (c) of this Section, if a court decides that any part of this arbitration section is invalid or unenforceable, the other parts of the arbitration section shall still apply. If a court decides that any provision in subsection (c) is invalid or unenforceable, then the entire arbitration provision shall be null and void (but subsections (a) and (j) shall remain in effect.
(i)You can reject the arbitration provisions ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Member Agreement for the first time. You must mail the Opt-Out Notice to Ceino Technologies Inc., 1370 Willow Rd, Menlo Park, CA 94025, attn: Legal. The Opt-Out Notice must state that you do not agree to arbitration and must include your name, address, phone number, and the email address(es) used to log in to the TopSchool account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of arbitration. If you opt out of arbitration, all other provisions of the Member Agreement apply.
(j)To the extent any claim or dispute regarding TopSchool isn’t arbitrable (or eligible for small claims court), it will be resolved exclusively by a federal or state court located in Delaware. You submit to the personal jurisdiction of courts located in Delaware for litigating such claims or disputes.
TOPSCHOOL AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you. If you have a dispute with a parent in the school community, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given the full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.