Terms of Service

Last updated: April 24, 2026  |  Effective date: April 24, 2026

PLEASE READ THESE TERMS OF SERVICE (“Agreement” or “Terms”) CAREFULLY BEFORE ACCESSING OR USING THE TEXAS PREPS PORTAL PLATFORM. BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Texas Preps Portal, LLC (“Company,” “we,” “us,” or “our”), a Texas limited liability company, governing your access to and use of the Texas Preps Portal website, mobile applications, application programming interfaces, and all associated services (collectively, the “Service” or “Platform”).

1. Definitions and Interpretation

1.1 Defined Terms

As used throughout this Agreement, the following terms shall have the meanings ascribed to them herein, unless the context expressly requires otherwise:

  1. “Athlete Profile” means any page, record, or dataset within the Platform that displays statistical, biographical, or performance-related information pertaining to a student athlete.
  2. “Content” means all text, images, video, audio, data, statistics, scores, schedules, photographs, graphics, software, code, metadata, and any other information or materials uploaded to, published on, transmitted through, or otherwise made available via the Service.
  3. “User Content” means Content submitted, posted, transmitted, or otherwise made available by a User, as distinguished from Content originating from the Company or licensed third parties.
  4. “Minor” means any individual under the age of eighteen (18) years as of the date of account registration or, where applicable, the date of any relevant transaction or action.
  5. “Portal Subscription” means a paid commercial license granting a media organization, educational institution, or other qualifying entity access to the premium backend portal features of the Service, including inter alia collaborative tools, cloud storage, and real-time communication features.
  6. “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, database rights, moral rights, rights of publicity, and all other proprietary rights, whether registered or unregistered, existing under the laws of any jurisdiction worldwide.
  7. “Personal Information” has the meaning ascribed to that term under applicable data protection laws, including without limitation the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, “CCPA/CPRA”).
  8. “Prohibited Content” means any User Content that violates Section 6 of these Terms.

1.2 Interpretation

In this Agreement: (a) headings are for convenience only and shall not affect interpretation; (b) words in the singular include the plural and vice versa; (c) references to “including” mean “including without limitation”; (d) references to statutes or regulations include all amendments and successor provisions thereto; (e) the term “ipso facto” denotes a consequence that arises automatically by operation of these Terms without further act or notice; and (f) the term “mutatis mutandis” denotes that corresponding changes shall be made to adapt a provision to a materially analogous but distinct circumstance.

2. Acceptance, Eligibility, and Account Registration

2.1 Acceptance of Terms

Your access to or use of the Service constitutes your unconditional acceptance of, and agreement to be bound by, these Terms ab initio. If you are accepting these Terms on behalf of a legal entity — including, without limitation, a school, school district, media organization, or non-profit — you represent and warrant that you have the authority to bind such entity, and the term “you” shall refer to that entity.

2.2 Age and Eligibility Requirements

The Service is available to individuals who are thirteen (13) years of age or older. Users between the ages of thirteen (13) and seventeen (17) inclusive (i.e., Minors) may only access the Service subject to the parental or guardian consent requirements set forth in Section 3. By registering an account or otherwise accessing the Service, you represent and warrant that: (i) you are at least thirteen (13) years of age; (ii) you have not previously been suspended or permanently banned from the Service; (iii) your use of the Service complies with all applicable federal, state, and local laws, rules, and regulations; and (iv) all registration information you provide is accurate, complete, and current.

3. Verifiable Parental Consent for Minor Athletes

The activation of an Athlete Profile for a Minor User is strictly contingent upon the receipt of verifiable parental or legal guardian consent, in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and the Company’s internal compliance protocols.

3.1 Consent Flow

Upon account registration by a Minor Athlete, the Platform will transmit an electronic consent form via DocuSeal to the email address of the parent or legal guardian provided during the registration process. This form must be executed using a legally binding electronic signature before the Minor Athlete may access any profile-activation or performance-display features of the Service.

3.2 Rights of Parents

Parents or legal guardians have the right to review the Personal Information collected from their child, request the deletion of such information, or refuse to permit further collection of their child’s information by contacting privacy@texasprepsportal.com. The Company will respond to such requests within the timeframes required by applicable law.

4. License Grant and Restrictions

4.1 Limited License to Users

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes (or, in the case of Portal Subscription holders, for the internal business purposes of your organization) as permitted by these Terms. This license does not include the right to: (i) copy, modify, or create derivative works based on the Service; (ii) scrape, crawl, or otherwise systematically extract data from the Service; (iii) reverse engineer, decompile, or disassemble any component of the Service; (iv) use the Service for any commercial purpose except as expressly permitted under a Portal Subscription; or (v) remove, alter, or obscure any proprietary notice or legend on the Service.

4.2 Portal Subscription License

Portal Subscription holders receive a supplemental commercial license, the scope of which is set forth in the applicable order form or subscription agreement (“Order Form”). In the event of any conflict between these Terms and the Order Form with respect to Portal Subscription features, the Order Form shall govern solely to the extent of such conflict.

4.3 Reservation of Rights

Except for the limited license expressly granted in Sections 4.1 and 4.2, the Company reserves all right, title, and interest in and to the Service and its underlying technology, inter alia all Intellectual Property Rights therein. No license is granted by implication, estoppel, or otherwise.

5. User Content and License Grant to Company

5.1 Ownership of User Content

As between you and the Company, you retain all ownership rights in and to your User Content. By submitting, posting, uploading, or otherwise making User Content available through the Service, you grant the Company a worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such User Content, in whole or in part, in any media format or channel now known or hereafter developed, solely in connection with operating, promoting, and improving the Service.

5.2 Representations Regarding User Content

By making User Content available through the Service, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to grant the license in Section 5.1; (b) your User Content does not infringe, misappropriate, or otherwise violate the Intellectual Property Rights, privacy rights, or other rights of any third party; (c) your User Content complies with all applicable laws and regulations; and (d) your User Content does not constitute Prohibited Content under Section 6.

5.3 Athlete Statistical Data

Statistical performance data pertaining to student athletes that is submitted to the Platform by coaches, reporters, or other authorized Users is represented by the submitting User to be accurate and obtained through lawful means. The Company does not independently verify the accuracy of such data and disclaims all liability for errors or inaccuracies therein. Athlete subjects retain the right to request correction of materially inaccurate statistical data pursuant to the procedures set forth in Section 11.1 of these Terms.

6. Prohibited Content and Conduct

6.1 Prohibited Content

You agree that you will not submit, post, or transmit any User Content that:

  • Is false, misleading, defamatory, libelous, or fraudulent;
  • Is obscene, pornographic, sexually explicit, or otherwise offensive;
  • Constitutes harassment, bullying, threats, or incitement of violence;
  • Promotes discrimination based on race, color, national origin, sex, disability, age, religion, or sexual orientation;
  • Infringes any Intellectual Property Rights or other proprietary rights of any party;
  • Contains personally identifying information about a minor without verifiable parental consent;
  • Constitutes unauthorized advertising, spam, chain letters, or pyramid schemes;
  • Contains malware, viruses, worms, Trojan horses, or any other malicious or harmful code;
  • Violates any applicable federal, state, local, or international law or regulation;
  • Is otherwise objectionable in the sole and absolute discretion of the Company.

6.2 Prohibited Conduct

You agree that you will not, in connection with your use of the Service:

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Attempt to gain unauthorized access to any portion of the Service or any system or network connected thereto;
  • Interfere with or disrupt the integrity, performance, or security of the Service;
  • Circumvent, disable, or otherwise interfere with security-related features of the Service;
  • Use any automated means (including bots, scrapers, or data harvesting tools) to access, collect, or copy data from the Service without prior written authorization;
  • Engage in any activity that imposes an unreasonable or disproportionately large load on the Company’s infrastructure;
  • Reproduce, distribute, or publicly display any Content from the Service without the express written consent of the Company or the applicable rights holder;
  • Use the Service to conduct or promote illegal gambling, lottery schemes, or wagering activities;
  • Solicit Personal Information from Minors.

6.3 Enforcement

The Company reserves the right, but assumes no obligation, to review User Content and to remove, edit, or block any Content that violates these Terms or that the Company, in its sole discretion, finds objectionable. Violations of this Section 6 may result, ipso facto, in immediate suspension or termination of your account pursuant to Section 15, without prior notice or liability to you.

7. Intellectual Property Rights

7.1 Company Intellectual Property

The Service and all of its components — including without limitation the software, databases, algorithms, design elements, user interface, logos, trade names, and trademarks — are owned by or licensed to the Company and are protected by applicable United States and international Intellectual Property Rights. The Texas Preps Portal name, logo, and associated marks are trademarks of the Company. You may not use any Company trademark, trade name, or service mark without the prior written consent of the Company.

7.2 DMCA Take-Down Procedure

The Company respects the intellectual property rights of others and expects its Users to do the same. Pursuant to 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”), the Company has designated an agent to receive notifications of claimed copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide the Company’s designated agent with a written notification containing: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the allegedly infringing material and its location on the Service; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner. DMCA notices should be sent to: dmca@texasprepsportal.com.

7.3 Counter-Notification

If you believe that your User Content was removed in error, you may submit a counter-notification pursuant to 17 U.S.C. § 512(g), which must include: (i) your physical or electronic signature; (ii) identification of the removed or disabled material and the location at which it appeared before removal; (iii) a statement under penalty of perjury that you believe removal was due to mistake or misidentification of the material; and (iv) your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located. Counter-notifications should be sent to: dmca@texasprepsportal.com.

8. Privacy and Data Protection

8.1 Privacy Policy Incorporation

The Company’s Privacy Policy, available at /legal/privacy, is incorporated by reference into these Terms and forms an integral part of this Agreement. By using the Service, you acknowledge and agree to the collection, use, and sharing of your Personal Information as described in the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to the processing of Personal Information, the Privacy Policy shall govern.

8.2 Data Encryption and Security

The Company employs industry-standard security measures to protect your Personal Information, including Advanced Encryption Standard 256-bit Galois/Counter Mode encryption (“AES-256-GCM”) for sensitive data stored in our databases, secure hashing of passwords using a computationally intensive adaptive hashing algorithm, and Transport Layer Security (“TLS”) for data in transit. Notwithstanding the foregoing, no security system is impenetrable, and the Company cannot guarantee the absolute security of your information. You acknowledge that you transmit Personal Information to the Service at your own risk.

8.3 Analytics

The Company uses PostHog, a third-party analytics service, exclusively on article pages (i.e., pages accessible at the /article/ path) solely for the purpose of counting aggregate article views. No session recording, behavioral tracking, cross-site tracking, or user-identifying analytics are performed on any page of the Service. No persistent analytics cookies are set on any page other than article pages.

9. Payments, Subscriptions, and Refunds

9.1 Portal Subscription Fees

Certain premium features of the Service are available only to holders of a paid Portal Subscription. All fees are stated in United States dollars and are exclusive of applicable taxes, which are your sole responsibility. Portal Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected at the time of purchase) via the Company’s designated payment processor, Stripe, Inc. By providing payment information, you authorize the Company and its payment processor to charge the applicable fees to your designated payment method on each billing date.

9.2 Free Public Access

Access to the public-facing features of the Service — including without limitation the viewing of articles, Athlete Profiles, school pages, game schedules, and scores — is provided free of charge to all registered and unregistered Users. The Company reserves the right to modify this policy upon not less than thirty (30) days’ prior written notice to registered Users.

9.3 Cancellation and Refunds

You may cancel your Portal Subscription at any time through your account settings. Upon cancellation, your Subscription will remain active until the end of the current billing period, after which you will no longer be charged. The Company does not provide refunds for any partial subscription periods except as required by applicable law or as expressly provided in an Order Form. All sales are final except where prohibited by applicable law.

9.4 Price Changes

The Company reserves the right to change its Subscription fees upon not less than thirty (30) days’ prior written notice. Your continued use of the Portal Subscription after the effective date of a price change constitutes your acceptance of the new pricing. If you do not accept the new pricing, your sole remedy is to delete your Subscription prior to the effective date of the price change.

10. Third-Party Services and External Links

10.1 Third-Party Integrations

The Service integrates or may integrate with third-party services, including without limitation Cloudflare (infrastructure and content delivery), Stripe, Inc. (payment processing), DocuSeal (electronic consent management), and PostHog (analytics) (collectively, “Third-Party Services”). Your use of any Third-Party Service is governed solely by the applicable third party’s terms of service and privacy policy. The Company is not responsible for the availability, accuracy, content, or practices of any Third-Party Service and expressly disclaims all liability arising from your interaction with such services.

10.2 External Links

The Service may contain hyperlinks to websites or services operated by third parties. Such links are provided for informational purposes only and do not constitute an endorsement of, or representation regarding, the linked website or its operators. The Company has no control over, and assumes no responsibility for, the content, privacy practices, or availability of any linked website.

10.3 Third-Party Disclaimer

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY THIRD-PARTY SERVICE AND EXPRESSLY DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY SERVICE. THE AVAILABILITY OF CERTAIN FEATURES OF THE SERVICE IS DEPENDENT ON THIRD-PARTY SERVICES BEYOND THE COMPANY’S CONTROL, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY INTERRUPTION, DEFECT, OR FAILURE OF SUCH THIRD-PARTY SERVICES.

11. Dispute Resolution

11.1 Accuracy Disputes and Correction Requests

If you believe that information displayed on the Service about you, your athletic performance, or your school is materially inaccurate, you may submit a correction request by contacting support@texasprepsportal.com with: (a) your full name; (b) a description of the inaccurate information; (c) the URL or page on which the information appears; and (d) supporting documentation establishing the accurate information. The Company will investigate all correction requests in good faith and will respond within fourteen (14) business days.

11.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be subject to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as supplemented by the AAA Consumer Arbitration Rules where applicable. The seat of arbitration shall be Austin, Travis County, Texas.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights.

11.4 Limitation Period

Any claim arising out of or relating to these Terms must be commenced within one (1) year of the date such claim first accrued, failing which such claim shall be forever barred, notwithstanding any statute of limitations to the contrary. This limitation period operates independently of and in addition to any shorter period imposed by applicable law.

11.5 Informal Resolution

Before initiating any formal arbitration proceeding, you agree to attempt to resolve any dispute informally by contacting the Company at legal@texasprepsportal.com and providing a written description of the dispute, the relief sought, and your contact information. The parties shall negotiate in good faith for a period of thirty (30) days following receipt of such notice before either party may initiate formal proceedings.

12. Disclaimers of Warranties

12.1 “As Is” Basis

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

12.2 No Warranty of Accuracy

The Company does not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any Content, including sports statistics, scores, or schedules, is accurate, complete, or current; or (d) any defects in the Service will be corrected. All athletic statistics, scores, schedules, and related information are provided for informational purposes only and should not be relied upon for any consequential decision-making, including without limitation decisions relating to college recruitment, scholarship applications, or eligibility determinations.

12.3 No Professional Advice

Nothing in the Service constitutes medical, legal, financial, or other professional advice. Any health, training, or performance-related information provided through the Service is for general informational purposes only and is not a substitute for professional advice tailored to your individual circumstances. You should seek independent professional advice before making any decision based on information obtained through the Service.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

13.3 Essential Basis of Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE ABSENT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS MAY APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service in a manner not expressly authorized herein; (d) your violation of any applicable law or regulation; or (e) your infringement of any Intellectual Property Rights or other rights of any third party. The Company reserves the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with the Company’s defense of such matter at your expense.

15. Suspension and Termination

15.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your account settings or by contacting support@texasprepsportal.com. Upon termination, your license to use the Service shall immediately cease. Termination does not entitle you to a refund of any prepaid Subscription fees except as expressly required by applicable law.

15.2 Termination by the Company

The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate your account or your access to the Service at any time, with or without notice and with or without cause, including but not limited to: (a) violation of these Terms; (b) conduct that the Company determines, in its sole discretion, is harmful to other Users, third parties, or the Company; (c) extended period of account inactivity exceeding twelve (12) consecutive months; or (d) at the direction of law enforcement or other governmental authorities. Termination for cause under clause (a) is effective ipso facto upon notice.

15.3 Effect of Termination

Upon termination or expiration of your account: (i) all licenses granted to you under these Terms shall terminate; (ii) you must immediately cease all use of the Service; (iii) the Company may, at its option and subject to applicable law, delete your account data and User Content; and (iv) Sections 1, 5.1 (to the extent necessary to continue displaying already-published Content), 7, 11, 12, 13, 14, 15.3, 16, and 17 shall survive any termination or expiration of this Agreement.

16. Force Majeure

The Company shall not be liable for any delay or failure in the performance of its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond the Company’s reasonable control, including without limitation: acts of God; natural disasters (including hurricanes, floods, earthquakes, and wildfires); pandemics or declared public health emergencies; acts of war, terrorism, insurrection, or civil unrest; governmental actions, executive orders, sanctions, embargoes, or regulations; labor disputes or strikes (including those affecting third-party service providers); electrical power failures or grid outages; telecommunications or internet infrastructure failures; distributed denial-of-service attacks or other malicious cyber-events; or failures of third-party cloud infrastructure, content delivery networks, or database service providers. In such circumstances, the Company’s obligations shall be suspended for the duration of the force majeure event, and the Company shall use commercially reasonable efforts to resume performance as soon as reasonably practicable. This Section shall not excuse non-payment of amounts already due and owing.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. No prior drafts of this Agreement and no course of prior negotiations between the parties shall be used to construe or modify this Agreement.

17.2 Amendment

The Company reserves the right to modify these Terms at any time. Material changes will be communicated to registered Users by email or by posting a prominent notice on the Service not less than fourteen (14) days prior to the effective date of such changes, except where modifications are required by applicable law or are necessary to protect the security or integrity of the Service, in which case the Company will provide such notice as is reasonably practicable. Your continued use of the Service after the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, your sole remedy is to discontinue use of the Service and, if applicable, cancel your Portal Subscription.

17.3 Waiver

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or of the right of the Company to enforce such provision at a later time. No waiver by the Company of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or any other provision. All waivers must be in writing and signed by an authorized representative of the Company to be effective.

17.4 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in one jurisdiction shall not affect its validity or enforceability in any other jurisdiction.

17.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all assets, or by operation of law. Any attempted assignment by you in violation of this Section shall be void ab initio and of no legal effect.

17.6 Notices

All notices to the Company under these Terms shall be sent by email to legal@texasprepsportal.com or by certified mail, return receipt requested, to: Texas Preps Portal, LLC, Attn: Legal Department, Austin, Texas. Notices are deemed received upon confirmed email delivery or three (3) business days after mailing. The Company may provide notices to you via the email address associated with your account, via in-Service notification, or by posting a notice on the Service homepage, each of which shall constitute effective notice.

17.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

17.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between the Company and any User. You are an independent party and have no authority to bind the Company in any manner whatsoever.

17.9 Export Compliance

You represent and warrant that you are not located in, nor are you a citizen or resident of, any country that is subject to a United States government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties, including without limitation the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Commerce Department’s Denied Persons list. You agree to comply fully with all applicable U.S. and foreign export control and sanctions laws and regulations.

17.10 Headings and Construction

The section and subsection headings in these Terms are for convenience of reference only and shall have no legal or contractual effect. These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted. The language of these Terms shall be construed as a whole, according to its fair meaning, and not strictly for or against either party.

17.11 Electronic Communications

By using the Service, you consent to receive electronic communications from the Company. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that electronic signatures and electronically executed agreements are legally binding to the same extent as handwritten signatures and paper-based agreements, mutatis mutandis, under the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (“UETA”) as adopted in the State of Texas.

If you have any questions about these Terms of Service, please contact us:

Texas Preps Portal, LLC
Email: legal@texasprepsportal.com
Website: https://texasprepsportal.com
Mailing Address: Austin, Texas