Terms of Service

Introduction

What follows is an Enforceable Legal Agreement.

These Terms of Service and our Privacy Policy (together the “Terms”) govern all use of www.topsvac.com and that Website’s services (together the “Website” or “Services”). The Website is owned by Tops Vacuum & Sewing, a corporation.

The owners and contributors to the Website will be referred to as “we,” “us,” or “our” in these Terms. By using the Website or its Services, and/or by clicking anywhere on this Website to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “user” as applicable) are bound by these Terms. You and each user agree to the Terms by utilizing the Services. If any user does not agree to the Terms or the Privacy Policy, that user may not access the Website or use the Services. In these Terms, the word “Website” includes the Website and URL referenced above, its owner(s), its contributors, its suppliers, its licensors, and any other related parties.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Website or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all legally-recognized right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Website and its owner(s);
  • User will notify the Website and its owner(s) regarding any material change to information user provides, either by updating and correcting the information, or by alerting the Website and its owner(s) via the functions of the Website or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE WEBSITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA OR INFORMATION WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, OR FREE FROM INTERFERENCE. THE WEBSITE DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE WEBSITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD-PARTY CLAIMS DUE TO ANY ACT OR OMISSION. THE WEBSITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, WEBSITE OFFERS, OR ANY ACT BY WEBSITE USERS. THE WEBSITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE WEBSITE IN CONNECTION WITH THE WEBSITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE WEBSITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Website shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without user’s knowledge or consent. The Website shall have no liability for any damages related to: user’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Website’s reasonable control. The Website has no obligations whatsoever, and shall have no liability, to any third party who is not a user bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third Party Products, Links, and Actions

The Website may include or offer third party products or services. The Website may also have other users or members who interact with each other, through the Website, elsewhere online, or in person. These third-party products and any linked Websites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked Websites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Website, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these Websites, sellers, other users or members, and third parties.

Changes to the Website and the Services

The owners and contributors to the Website will work to improve the Website for our users, and to further our business interests in the Website. We reserve the right to add, change, and remove features, content, information, and data, including the right to add or change any pricing terms at any time. You agree that we will not be liable for any such changes. Neither your use of the Website nor these terms give you any right, title, or protectable legal interest in the Website or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and any other expenses in relation to any and all claims or actions arising out of or relating to your use of the Website, or any breach by you of these Terms of Use.

Intellectual Property

This site and some delivery modes of our product are built on the Shopify platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the Shopify software is licensed, see here http://shopify.com/

The Website grants user a revocable, non-transferable, and non-exclusive license to use the Website solely in connection with the Website and the Services, under these Terms.

User shall not sublicense or otherwise transfer any rights or access to the Website or related Services to any other person. User shall not copy any text, images, video or audio recording, or any other content from the Website.

The names and logos used by the Website, and all other trademarks, service marks, copyrights, and trade names used in connection with the Services are owned by the Website or its licensors and may not be used by user without written consent of the rights owners. Use of the Website does not in itself grant any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Website.

Privacy

Any information that you provide to the Website is subject to the Website’s Privacy Policy, which governs our collection and use of user information. User understands that through his or her use of the Website and its Services, user consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Website. The Website may make certain communications to some or all users, such as service announcements and administrative messages. These communications are considered part of the Services and a user’s account with the Website, and users are not permitted to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, users must provide a valid email address to the Website, at which email address the user can receive messages. User must also update the Website if that email address changes. The Website reserves the right to terminate any user account and/or user access to the Website if a valid email is requested but is not provided by the user.

If the Website prompts or allows a user to create a username or profile, users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Website reserves the right to cancel a user account or to change a username or profile data at any time. Similarly, if the Website allows comments or user input, or prompts or allows a user to create an avatar or upload a graphic, photo, or picture of any kind, user agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.  User also agrees to not to upload any graphic that is obscene, offensive, defamatory, or illegal in any jurisdiction. We reserve the right to remove user-uploaded graphics at our discretion.

You are responsible for protecting your username and password for the Website, and you agree not to disclose it to any third party. It is recommended that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to topsvacuum@gmail.com. You acknowledge that if you wish to protect your interactions with the Website, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Website’s own security measures are reasonable and compliant with applicable laws in terms of their level of protection, but are not helpful if the interactions of you or any other user with Website are not secure or private.

Financial Information

In order to make purchases using the shopping cart on the Website, you must provide financial details such as your credit card number, billing address, and/or PayPal account. You are responsible for protecting your financial details, and you agree not to disclose it to any third party. The Website does not store your financial details on its servers.

Disputes

Our company is based in the State of Florida and you are contracting to use our Website. These Terms and all matters arising from your use of the Website are governed by and will be interpreted according to the laws of the State of Florida, without regard to any laws or rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our corporate location in the State of Florida will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Website and Service.

ARBITRATION

Notwithstanding any contrary statements within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near the State of Florida, under the rules of the American Arbitration Association.

General

These Terms, including the associated Privacy Policy, supersede all oral or written communications and understandings between user and the Website.

Any cause of action user may have relating to the Website or the Services must be commenced within twelve (12) months after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Website, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Website or its Services.

There shall be no third-party beneficiaries under these Terms, except for the Website’s affiliates, suppliers, contributors, and licensors, or as required by law.

Use of the Website and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Website to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please address them to topsvacuum@gmail.com.

Last Updated

These terms were last updated on February 1, 2017.