The https://top5store.com web site (the “site”) is an online information service provided by Top5store (“Top5store”), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Top5store may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Copyright, licenses and idea submissions
The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Top5store, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Top5store a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to Top5store by all means and in any media now known or hereafter developed. You also grant to Top5store the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Top5store for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Top5store.
Trademarks
Publications, products, content or services referenced herein or on the site are the exclusive trademarks or service-marks of Top5store. Other product and company names mentioned in the site may be the trademarks of their respective owners.
Use of the site
You understand that, except for information, products or services clearly identified as being supplied by Top5store, Top5store does not operate, control or endorse any information, products or services on the internet in any way. Except for Top5store – identified information, products or services, all information, products and services offered through the site or on the internet generally are offered by third parties, which are not affiliated with Top5store. You also understand that Top5store cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Top5store provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Top5store shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Top5store does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
Limitation of liability
In no event will Top5store be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Top5store or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Top5store liability is limited to the greatest extent permitted by law. Top5store makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a website outside of the Top5store web site, please understand that it is independent from Top5store, and that Top5store has no control over the content on that web site. In addition, a link to a Top5store web site does not mean that Top5store endorses or accepts any responsibility for the content, or the use, of such web site.
Indemnification
You agree to indemnify, defend and hold harmless Top5store, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
Third party rights
The provisions of paragraphs 2 (use of the service), and 3 (indemnification) are for the benefit of Top5store and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term and termination
This agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (copyright, licences and idea submissions), 2 (use of the service), 3 (indemnification), 4 (third party rights) and 6 (miscellaneous) shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved.