Quantcast

Terms of Service

Terms of Service 2017-03-21T04:50:49+00:00

These terms and conditions (the “Terms”) govern your access to and use of TopTere’s websites that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with TopTere, Inc., an Iowa corporation headquartered in Iowa City, IA (“TopTere”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

  1. DEFINITIONS
    1. Parties
    2. “You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to TopTere.
    3. Content
    4. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “TopTere Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than TopTere or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and TopTere Content.
  2. CHANGES TO THE TERMS OF SERVICE
  3. We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
  4. USING THE SITE
    1. Eligibility
    2. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
    3. Permission to Use the Site
    4. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
    5. Site Availability
    6. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to TopTere.
    7. User Accounts
    8. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with TopTere.
  5. CONTENT
    1. Advertising
    2. TopTere and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
    3. Content Feeds
    4. We make some of the Site Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on TopTere’s websites, and attributes TopTere as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that TopTere promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden TopTere’s systems. TopTere reserves all rights in the Feed Content and may terminate the Feeds at any time.
    5. Other
    6. User Content (including any that may have been created by users employed or contracted by TopTere) does not necessarily reflect the opinion of TopTere. We reserve the right (but have no obligation) to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.

RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by TopTere;

    1. You agree not to, and will not assist, encourage, or enable others to use the Site to:
    2. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
      • Reverse engineer any portion of the Site;
      • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
      • Record, process, or mine information about other users;
      • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
      • Reformat or frame any portion of the Site;
      • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on TopTere’s technology infrastructure or otherwise make excessive traffic demands of the Site;
      • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
      • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
      • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
      • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
      • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
      • Collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other TopTere users or members on the TopTere Site in accordance with these Terms of Service;
      • Create any user account by automated means or under false or fraudulent pretenses;
      • Create or transmit unwanted electronic communications such as “spam” to other users or members of the TopTere Site and/or TopTere Service or otherwise interfere with other user’s or member’s enjoyment of the TopTere Site and/or TopTere Service;
      • Copy, use or store any Content available on the TopTere Site other than for your own personal use;
      • Use any Content marked as obtained from or belonging to TopTere, except in compliance with these Terms of Service;
      • Use the TopTere Site and/or TopTere Service, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation;
      • Register more than one user account;
      • Collect or store personal data about other users in connection with any prohibited activity described in this paragraph.
      • Solicit reviews of websites or businesses with which you are affiliated.
      • Solicit reviews of websites or businesses that are competitive with websites or businesses with which you are affiliated.
  1. GUIDELINES AND POLICIES
    1. Privacy
    2. You represent that you have read and understand our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities or violations of these Terms; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
    3. Copyright And Trademark Disputes
    4. TopTere has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted athttp://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of TopTere’s agent to receive notice of claimed infringement (“Designated Agent”)is indicated below.
      • General Policy.
      • It is TopTere’s policy to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
      • Procedure for Reporting Copyright Infringements.
      • If you believe that material or Content residing on or accessible through the TopTere Site or TopTere Service infringes a copyright, please send a notice of copyright infringement containing all of the following information to the Designated Agent (“Infringement Notice”):
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
        2. Specific identification of all works or materials being infringed;
        3. Specific identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that TopTere is capable of finding and verifying its existence;
        4. Complete contact information about the notifier, including physical mailing address (not P.O. box), telephone number and email address;
        5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
        6. A statement made under penalty of perjury that the information provided is accurate, and the notifying party is authorized to make the complaint on behalf of the copyright owner.
      • Upon Receipt of an Infringement Notice.
      • Once a proper,bona fide Infringement Noticeis received by the Designated Agent, it isTopTere’s policy:
        1. to remove or disable access to the infringing material;
        2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
        3. for repeat offenders (or otherwise in TopTere’s discretion), to terminate the Content provider’s, member’s or user’s access to the TopTere Service.
      • Procedure to Supply a Counter-Notice to the Designated Agent.
      • If the Content provider, member or user believes that the material that was removed or to which access was disabled is either (a) not infringing, or (b) rightfully posted and used with permission from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a written notice containing the following information (“Right to Use Notice”) to the Designated Agent:
        1. A physical or electronic signature of the Content provider, member or user;
        2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
        3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
        4. The Content provider’s, member’s or user’s name, address, telephone number, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which TopTere is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
      • Removal.
      • If a Right to Use Notice is timely received by the Designated Agent, TopTere may send a copy of the Right to Use Notice to the original complaining party, informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in approximately 10 to 14 business days or more after receipt of the Right to Use Notice, at TopTere’s discretion.
  2. TopTere ADVERTISING
  3. If you create a business owner’s account on the Site or purchase advertising from TopTere, the TopTere Advertising Agreement will apply. In the event of any conflict between the TopTere Advertising Agreement and these Terms, the TopTere Advertising Agreement will prevail.
  4. SUGGESTIONS AND IMPROVEMENTS
  5. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of yours or any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against TopTere and its users any claims and assertions of any moral rights contained in such Feedback.
  6. THIRD PARTIES
  7. The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.
  8. INDEMNITY
  9. You agree to indemnify, defend, and hold TopTere, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “TopTere Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.TopTere reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of TopTere. TopTere will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
  11. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TopTere ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
    1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE TopTere ENTITIES MAY NOT REVIEW, MONITOR, CONTROL, OR VET USER CONTENT. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE TopTere ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE TopTere ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
    2. THE TopTere ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE TopTere ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
    3. THE TopTere ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE TopTere ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    5. THE TopTere ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE TopTere ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
    6. THE TopTere ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
  12. CHOICE OF LAW AND VENUE
  13. Indiana law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and TopTere (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CHICAGO, ILLINOIS.
  14. TERMINATION
    1. These Terms will remain in full force and effect while you use the TopTere Site or TopTere Service. TopTere may terminate these Terms of Service for any reason, at any time, by posting on the TopTere’s Site.
    2. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    3. In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 5, 8 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
  15. GENERAL TERMS
    1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
    3. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    5. Any failure on TopTere’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of TopTere to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with TopTere’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

Pin It on Pinterest

Share This