Top Innovations US
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Last updated March 28th 2024.
Top Innovations US Terms of Use Top Innovations US, LLC ("Top Innovations US", "we" or "us") provides our website accessible at topinnovationsus.com (the "Site") through which users can participate in an online community dedicated to enjoying anime, premium animation, sci-fi, fantasy and media in all forms (the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site that are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and Top Innovations US and apply to you whether you are a Top Innovations US Member (defined below) or a visitor just browsing the Site (collectively, "Top Innovations US Users"). These Terms of Use limit Top Innovations US's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.
YOU UNDERSTAND THAT BY USING THE SITE, SERVICES OR YOUR Top Innovations US ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you will have to create a Top Innovations US account and become a "Top Innovations US Member". To become a Top Innovations US Member you must be at least 16 years of age. When you register with Top Innovations US and set up your Top Innovations US account, you must provide Top Innovations US with accurate and complete information. You agree to promptly update your Top Innovations US account information with any new information. You authorize Top Innovations US, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Top Innovations US account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Top Innovations US Users.
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Top Innovations US reserves the right to require you to change your username for any reason and may do so at any time.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Top Innovations US account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Top Innovations US account, whether or not you have authorized such activities or actions. You agree to immediately notify Top Innovations US of any unauthorized use of your username, password or Top Innovations US account.
Top Innovations US Members may be able to access and/or purchase Top Innovations US Content (as defined below) through the Site or Services in a few different ways including: (i) Top Innovations US Members can pay a monthly membership fee to view certain Top Innovations US Content for the applicable time period ("Membership Fee"); or (ii) Top Innovations US Members may initially sign-up for a free trial and then convert such free trial to a membership to view Top Innovations US Content via a Membership Fee. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION OR CANCELLATION. Fees are refundable in Top Innovations US's sole discretion. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any). You hereby authorize Top Innovations US to collect fees by charging the credit card you provide to us as part of your Top Innovations US account information, either directly or indirectly via a third party online payment service, such as PayPal ("Payment Method").
Your access to Top Innovations US Content may start with a free trial. The free trial period of your membership lasts for seven (7) days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Top Innovations US reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly Membership Fee at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including the monthly Membership Fee, visit the Site and click on the "Your Account" link available at the top of the pages of the Site. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
By starting your Top Innovations US membership and providing or designating a Payment Method, you authorize us to charge you a monthly Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a channel or bundle, and you authorize us to charge your Payment Method for such varying amounts, which will be billed monthly in one or more charges.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect in accordance with the time frame outlined in the email notice to you.
The Membership Fee for the Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Top Innovations US membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. As used in these Terms of Use, "bill" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. You may cancel your Top Innovations US membership at any time, and you will continue to have access to the Site and/or Services through the end of your monthly billing period. If you cancel your membership, your account will automatically close at the end of your current billing period. For access to any video games made available with your Membership Fee, you also agree to the Top Innovations US Games Terms of Service located here.
Definitions. Certain content and materials are made available through the Site and Services, including the following:
"Top Innovations US Content" means, collectively, the text, data, graphics, images, Top Innovations US trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.
"Licensed Content" means any content (including any audio or video content) provided to Top Innovations US by its third party content partners (which may include Top Innovations US Content or "download to own" content) made available through the Site and Services.
"User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which Top Innovations US Members post, upload and otherwise submit to the Site or Services.
1. User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to Top Innovations US a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and Top Innovations US's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Top Innovations US. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 4 below.
You acknowledge and agree that Top Innovations US may, at its option, reclassify or recategorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on Top Innovations US's servers. Top Innovations US will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
2. Top Innovations US Content. Top Innovations US and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Top Innovations US Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Top Innovations US Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Top Innovations US Content or any other content made available through the Site or Services (other than your User Submissions). All rights in Top Innovations US Content are reserved. For the avoidance of doubt with respect to any Top Innovations US Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Top Innovations US Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
3. Disclaimer. Top Innovations US does not guarantee that any content (including without limitation Top Innovations US Content or User Submissions) will be made available through the Site or Services, continuously or at all. WHILE Top Innovations US IS UNDER NO OBLIGATION TO DO SO, Top Innovations US RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON Top Innovations US DEEMS SUFFICIENT. Top Innovations US does not have any obligation to monitor the User Submissions that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Top Innovations US Members, including, without limitation, any information obtained by using the Site or Services. Top Innovations US does not endorse any User Submissions or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Top Innovations US with respect thereto.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Top Innovations US has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Top Innovations US Copyright and IP Policy for further information.
Top Innovations US reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after Top Innovations US has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
Without limiting other remedies, Top Innovations US may at any time suspend or terminate your Top Innovations US account and refuse to provide access to the Site or Services. In addition, Top Innovations US may notify authorities or take any actions it deems appropriate, without notice to you, if Top Innovations US suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Top Innovations US; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Top Innovations US Users, Top Innovations US or any other third parties or the Site or Services.
You may terminate your Top Innovations US account at any time and for any reason. Upon any termination by a Top Innovations US Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Top Innovations US will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Top Innovations US will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to Top Innovations US under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You are solely responsible for your interactions (including any disputes) with other Top Innovations US Users. You understand that Top Innovations US does not in any way screen Top Innovations US Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Top Innovations US Users. You agree to take reasonable precautions in all interactions with other Top Innovations US Users, particularly if you decide to meet a Top Innovations US Users offline, or in person. Your use of the Site, Services, Top Innovations US Content and any other content made available through the Site or Services is at your sole risk and discretion and Top Innovations US hereby disclaims any and all liability to you or any third party relating thereto. Top Innovations US reserves the right to contact Top Innovations US Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Top Innovations US to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Top Innovations US representatives access to any password-protected portions of your Top Innovations US account.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
Top Innovations US may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site, as they may contain additional important information about Top Innovations US's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
Comments. You can rate and make comments about content made available through the Site or Services ("Comments"). Top Innovations US advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Site or Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Top Innovations US may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, Top Innovations US does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Use.
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at feedback@topinnovationsus.com or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of Top Innovations US and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to Top Innovations US together with all intellectual property rights therein.
You agree to defend, indemnify and hold Top Innovations US and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Top Innovations US Content or User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services (including without limitation your User Submissions) caused damage to a third party, including without limitation claims that your User Submissions are infringing. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify Top Innovations US applies to your activities on the Site at any time.
THE SITE, SERVICES, Top Innovations US CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. Top Innovations US EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, Top Innovations US CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, Top Innovations US MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, Top Innovations US CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL Top Innovations US OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, Top Innovations US CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY Top Innovations US USER, ONLINE OR OFFLINE, WHETHER OR NOT Top Innovations US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Top Innovations US’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. Top Innovations US WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles. Other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Site and/or Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and Top Innovations US are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Top Innovations US. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Top Innovations US for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Top Innovations US. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Top Innovations US.
You and Top Innovations US waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Top Innovations US elect to have claims and disputes resolved by arbitration. In any litigation between you and Top Innovations US over whether to vacate or enforce an arbitration award, you and Top Innovations US waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND Top Innovations US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 13 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Top Innovations US can force the other to arbitrate. To opt-out, you must notify Top Innovations US in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Top Innovations US account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Top Innovations US, LLC., ATTN: Arbitration Opt-out, 1309 Coffeen Ave Ste 14664, Sheridan, WY 82801; legal@topinnovationsus.com .
Arbitration Agreement Survival.
This arbitration agreement will survive the termination of your relationship with Top Innovations US.
Top Innovations US will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Top Innovations US infrastructure or connectivity to the internet or failure at an Top Innovations US co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Top Innovations US will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Top Innovations US may reasonably require to recover from the effects of such Force Majeure Event.
Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Top Innovations US via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to legal@topinnovationsus.com or to such other addresses as Top Innovations US may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
The Site or Services may provide links to websites other than topinnovationsus.com. Such links are provided for reference only, and Top Innovations US neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Top Innovations US is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of Top Innovations US and any prohibited assignment will be null and void. Top Innovations US may assign these Terms of Use or any rights hereunder without your consent. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and Top Innovations US's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Top Innovations US. These Terms of Use together with the rules and policies of Top Innovations US incorporated herein by reference constitute the entire agreement between Top Innovations US and you with respect to the subject matter of these Terms of Use.
This site sells restricted items that cannot be sold to minors, convicted felons, those convicted of a misdemeanor crime of domestic abuse or chemically dependent. MUST be 18 years of age and have no legal disabilities to order restricted items. By agreeing to the Terms and Conditions when purchasing an order for restricted items, you are verifying that you are at least 18 years old, have no felony convictions, are in compliance with Federal Law 18U.S.C. 922(D)-(1)-(9), and that you are in compliance with any and all other Federal and State regulations and laws.
Shipping Methods: We strive to ship all orders out within 1-2 days, however, during high volume times such as special events and sales, orders may be delayed 5-7 business days or longer in rare cases
Shipping: Shipping charges are non-refundable. Customer is responsible for all freight charges for refused and/or returned shipments and this will be added to the invoice total. Freight/insurance costs are prepaid. All items are shipped via USPS or UPS. Items will be shipped within one week of receipt of order, though generally much sooner. Out of stock items will be shipped according to availability of product. Dimensions/oversize weights are applied to freight charges when applicable.
Backorders: If your order contains a pre-ordered item, or a back-ordered item, the entire order will ship once all items are in stock.
Damage/Loss: All claims for damage/pilferage must be filed with delivering carrier. Top Innovations US cannot file this for you. All claims for shortage/mis-shipments/mis-billing must be made within 10 days of receipt. In the event of a faulty product, the product must be returned, at which point we will ship out a replacement product. Disclaimers: Although we try to insure accuracy, Top Innovations US cannot be responsible for typographical errors or image discrepancies on this Web Site. Links on topinnovationsus.com become "broken" if and when the article linked to is moved or removed by the host on its server.
Please read the entire product description for any international shipping limitations before purchasing.
Thank you for visiting and supporting Top Innovations US. We go to great lengths to distribute our products and information worldwide; however, due to a variety of reasons, there are some shipping limitations. Not all products listed on this site are available for international shipment. Orders containing a restricted product may be partially or completely cancelled and refunded without notice.
1. Import laws and regulations. Please check with your country's customs office regarding the import of the products you wish to order. As the buyer, you are responsible for any import restrictions, prohibited import items, taxes, tariffs, fees and other duties. We kindly request that you contact your customs office to thoroughly inquire about import regulations before placing your order, as we will not be liable for packages refused or held for delivery.
Products frequently impacted include but are not limited to:
If an order is refused delivery by customs due to unauthorized contents, Top Innovations US is not responsible for any delays, losses or cost incurred by you, the customer.
In some countries, supplements are restricted for import to a 90-day supply and must be for your own personal use. Losses incurred due to exceeding your country's limitations will not be refunded.
*Note: this information is only provided as a guideline and is subject to change. You are responsible to verify if this is correct.
2. Country Restrictions. Due to high fraud, lost shipments or other circumstances; We reserve the right to refuse service to specific countries. If you country is listed here Afghanistan, Barbados, Belarus, Bhutan, Brunel, Chad, Cuba, Ireland, Laos, Libya, Mexico, Mongolia, Peru, Philippines, Russia, Slovenia, Sudan, Syria, Timor-Leste, Turkmenistan, Ukraine and Yemen, please contact us for a possible exception.
3. Product Restrictions. Due to the nature of certain products, in particular a frequency to be damaged as a result of being shipped internationally, a product may not be available for international shipment. There may also be legal restrictions regarding distribution territories.
4. Duties and Tariffs. Per our Terms and Conditions, international customers are responsible for any additional taxes, duties, fees and/or tariffs.These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using this product.
Supplement & Food Product Disclaimer: Top Innovations US thanks you for your support. It is important to do your own research and consult with a qualified healthcare provider or doctor to decide what is best for you. We also know that everyone's bodies are different, and it is essential to consult with a qualified health care professional before taking products offered on this website. The information on this website is not intended to replace a one-on-one relationship with a doctor or qualified health care professional and is not intended as medical advice. And by purchasing any item from this store, you agree to these terms and conditions as well as understand that by using these products you are agreeing to abide by this contract. Top Innovations US is not held responsible for the irresponsible use of this product. The information contained in these pages is not intended to replace your medical doctor. By using this site for any purpose whatsoever, including reading, browsing, studying, verification, purchasing, etc., you are agreeing to indemnify Top Innovations US from any claims or responsibility for anything which may result there from, and you accept sole responsibility for any legal, medical, or financial liability which may occur as a result of your usage of the pages on this site.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Top Innovations US Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Top Innovations US) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.
Some of our products may be subjected to State of California Proposition 65 Enforcement. This doesn’t mean that our products are necessarily dangerous, only that we place labels on them warning California residents of the presence of certain ingredients. For more information on what this means for our products, please visit our FAQ.
As a general practice, Top Innovations US, LLC. does not accept unsolicited material that is not represented by a reputable agent, agency, manager, producer, production company or studio. Any unsolicited creative ideas, suggestions or materials of any kind, including for new or improved products, names, promotions, advertisements, marketing, processes pitches, outlines, scripts, treatments, artwork, designs, visual materials, etc. will be discarded and will not be read. The purpose of this policy is to avoid any potential misunderstandings if your original work seems similar to Top Innovations US content since many works and submissions are based on the same or similar ideas. Please note, if you choose to disregard this policy and submit materials regardless, you acknowledge that you have read the Top Innovations US submission policy and understand that by making such a submission, you understand that Top Innovations US has no obligation to you or your submission and that you have no claim whatsoever based on such submission.
topinnovationsus.com respects all copyright and license owners and adheres to the Digital Millennium Copyright Act.
If you are a content owner and would like us to help distribute your content, contact us.
If you would like your content removed from this website, follow the instructions below.
If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact Top Innovations US at legal@topinnovationsus.com or by sending a written request to Top Innovations US, LLC. at 1309 Coffeen Ave Ste 14664, Sheridan, WY 82801.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: DMCA Complaints topinnovationsus.com Email: legal@topinnovationsus.com.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Such written notice should be sent to our designated agent as follows: DMCA Complaints topinnovationsus.com Email: copyright@topinnovationsus.com.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
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