Terms and Conditions
Terms and Conditions of HiScoreLearning.com
By using any of our Services (even just browsing our website), you are agreeing to the following Terms and Conditions. If you don't agree with the Terms, you should not use our Services
These Terms and Conditions of Service and Use of HiScoreLearning.com (the “Terms and Conditions“) are hereby made effective as of May 1, 2021 by HiScore LLC (“HiScore”, "HiScore Learning" or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of HiScoreLearning.com, hereby amend and restate any such prior terms and conditions.
HiScoreLearning.com, and all related content, materials and services (collectively, the "Site") is an online resources that provides its customers and members with interactive tests.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of HiScore LLC.
A.By clicking “I AGREE” and/or using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of HiScore LLC, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
B. Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (b) are not a competitor of HiScore, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of HiScore, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by HiScore, (c) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (d) will not violate any rights of HiScore, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (e) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
C. Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Will hold the content, materials, classes, and services related to the Site in confidence and will not disclose them to any person or entity without the prior written consent of HiScore.
Will not copy or modify any content, materials, classes, and services related to the Site without the prior written consent of HiScore.
Will not videotape, take photos, take screenshots of any content, materials, classes, or services related to the Site without the prior written consent of HiScore.
Will not post video, photos, screenshots of any content, materials, classes, or services related to the Site on Internet or any social media without the prior written consent of HiScore.
Shall promptly advise HiScore if you become aware of any possible unauthorized disclosure or use of the content, materials, classes, and services related to the Site.
D. Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
That the content, materials, services and other intellectual property contained or embodied in the Site are owned by HiScore LLC and are protected by patent, copyright, trademark and other similar laws;
Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by HiScore in its sole discretion;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, HiScore, or any other product or service of HiScore;
Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
Not to issue chargeback disputes against HiScore.
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of HiScore.
Not to share personal information with members, or request personal information from members.
E. Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree that content, materials, classes, and services related to the Site is provided on an "AS IS" basis. HISCORE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT, MATERIALS, CLASSES, AND SERVICES AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HISCORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF CONTENT, MATERIALS, CLASSES, AND SERVICES. HiScore does not represent or warrant that any product or services disclosed to you will be marketed or carried out as disclosed, or at all. Any actions taken by you in response to the disclosure of the content, materials, classes, and services related to the Site shall be solely at the risk of yourself.
F. Without limiting the generality of the foregoing or any other provision hereof, you agree that you shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You acknowledge that, as between HiScore and you, content, materials, classes, and services related to the Site and all related copyrights and other intellectual property rights, are (and at all times will be) the property of HiScore, even if suggestions, comments, and/or ideas made by you are incorporated into the content, materials, classes, and services related to the Site or related materials during the period of this Agreement.
G. All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use, and for no other use.
H. Violating any of the aforementioned will result in immediate removal from HiScore and forfeits your right to request a refund.
I. If it appears that the content, materials, classes, and services related to the Site has been disclosed (or has been threatened to disclose), HiScore shall be entitled to an injunction to restrain anyone from disclosing them in whole or in part. HiScore shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.