Updated: Wednesday, September 5, 2012
This page contains the User Agreement(“Agreement”) between you and topseos.com, the publisher of the topseos.com Web site (the “Site”). You may wish to print this page for reference.
When you (“You” or “User”) use this Internet web site (or any co-branded versions of this web site) (“Site”), You agree to the following terms and conditions (the “User agreement”). topseos.com (“topseos.com” or “We” or “Our”) may revise these terms from time to time, at our sole discretion without notifying users, by updating this webpage. BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USER AGREEMENT AND ALL REVISIONS THEREOF.
THIS SITE IS FOR ADULTS ONLY
Our services are available only to individuals who can form legally binding contracts under applicable law. You may use this site and the services available here during the time You are a registered user.
THE SITE IS EVOLVING
We may modify or discontinue this Site and the services available at it without notice or liability to You.
All materials on the Site, including without limitation, text, images, software, audio and/or video clips, databases, user product reviews and ratings, Site services and products (collectively, the “Content”) are owned or controlled by topseos.com or the party credited as the provider of the Content. topseos.com retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States of America and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of topseos.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of topseos.com or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of topseos.com or the relevant Affiliate. In addition, You may not use our trademarks:
(a) in, as, or part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of topseos.com;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that topseos.com sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
topseos.com may make available to users of the Site e-mail notifications, newsletters, chat rooms, message boards, bulletin board services, user product and service reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Forums”). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the “Communications”). topseos.com and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, You grant topseos.com an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to topseos.com. You hereby waive all rights generally known as “moral rights” in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
You acknowledge and agree that any Communications, including Reviews made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and topseos.com by reason of your transmitting a public Communication to any Forum on the Site.
topseos.com cannot review all Communications made on or through the Site. However, topseos.com reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which topseos.com in its sole discretion deems inappropriate, offensive, or contrary to any topseos.com policy, or that violate this Agreement.
To help topseos.com maintain a safe and civil environment, You agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which:
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of face;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects and uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
PRODUCT AND SERVICE RANKINGS
The topseos.com Site offers subscribers a Forum consisting of a product and service ranking (“RANKINGS”), whereby Users may access recommendations of products and services determined by topseos.com.
The information on our Rankings is provided as a source of information for a User and is our personal recommendation. You are recommended to do Your own research and investigation before engaging services with any company regardless of their listing. You agree to not hold topseos.com and/or any members and/or any managers and/or any of our Affiliates liable from any decisions they take. Furthermore, topseos.com is not liable for any statements, representations, descriptions, comments, or opinions posted on the Site. topseos.com cannot guarantee the accuracy, integrity, or quality of Rankings. Under no circumstances will topseos.com or any third-party providers of the Rankings be liable in any way for any Ranking, including, but not limited to, any errors or omissions in any Ranking/s, or any loss or damage of any kind incurred as a result of the use of the Ranking/s.
All Rankings developed and posted by topseos.com or topseos.com represent the independent opinion of topseos.com or topseos.com, and are derived by virtue of topseos.com’s or topseos.com’s independent judgment, analysis, and subjective / objective criteria. By developing and posting such Rankings, topseos.com makes no representation or warranties as to the accuracy or factual basis of the Rankings. Your use of the Rankings hereby acknowledges that You agree to perform Your own due diligence in order to make well-informed decisions of Your own. You hereby acknowledge that the Rankings are to be used as an instrument in making such decisions, but should not be viewed as an authoritative end-all to any evaluations.
Our evaluation process is a continued development. We may experiment with new processes for our evaluations and may add or remove specific elements of our evaluation at any time.
topseos.com is an independent authority and is not affiliated with any public administrative agencies, government entities, non-profit organizations, or otherwise related to any private parent or subsidiary companies that would otherwise undermine its impartiality in performing evaluations of various companies. topseos.com has no ownership interest in any of the companies which it ranks from time to time.
In no way is topseos.com affiliated in any manner with Consumer Union (Consumer Reports), nor does topseos.com base any of its opinions, ratings, directories, reviews or any other information on that of Consumer Union (Consumer Reports).
REMOVAL OF COMMENTS
topseos.com may, in its sole discretion, delete, alter, change, modify, or remove any and all User comments from any of its Sites for any reason, or no reason at all, at any time hereto. topseos.com reserves such right in order to effectuate the efficient handling of information which may, from time to time, be construed as inaccurate, defamatory, incomplete, or otherwise contrary to the views which topseos.com wishes to espouse by virtue of its Sites. In the event that any User comment is deleted, altered, changed, modified, or removed at any time, then the User acknowledges and agrees that the User hereby waives any and all legal remedies and otherwise available to them by law.
VENUE AND A FINDER
The Site functions as a venue to connect buyers and service providers in a virtual marketplace. As a neutral facilitator, topseos.com is not directly involved in the actual transactions between Users of the Site. As a result, topseos.com has no control over the truth, accuracy, legality, or safety of postings made by Users. Because verifying the identity of a User on the Internet is difficult, topseos.com cannot and does not confirm the identity of Users. topseos.com also does not confirm nor verify the qualifications, background, or abilities of Users. Therefore, topseos.com recommends that You be careful and exercise common sense and good judgment when dealing with any User on the Site. You agree not to hold topseos.com liable for any loss or damage of any sort incurred as the result of use of any information contained within the directory or as a result of the presence of such information on the Site.
When registered with topseos.com, You are giving us the right to own any and all information that is located on our website. We hold the right to refuse the removal of any and all information located in our website, database, or any other part of our website or services as displayed or not displayed on our website. This could include information pertaining to IP addresses and times that the website has been accessed by You. It is Your responsibility as the User to ensure that information provided on the website is accurate and up to date.
We provide a service to connect potential customers to companies who have subscribed to our leads service. We cannot make any guarantee towards the accuracy of each lead or the information being posted by a User of the website. Furthermore, the leads are procured for those that subscribe may be procured directly from visitors on topseos.com and/or any other public channel on the web.
The advertisement service We provide to Users is a paid service that allows companies to advertise their company on our website. We cannot provide a guarantee for the accuracy of information or services coming from these companies and are not liable for damages due to the services provided by companies who advertise with Us.
YOUR RELATIONSHIP WITH MERCHANTS, ADVERTISERS, AND USERS
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or User. You agree not to hold topseos.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or Users on the Site.
We may charge a standard fee for evaluation for service providers and software developers in order to substantiate the research used to evaluate and rank service and software providers. A minimum engagement of 12 months may be required for subscriptions based on the standard fee for evaluation. The billing period begins on the date that topseos.com receives the User’s Payment to become a provider. Any fees are charged up-front and no refunds or credits will be given upon cancellation.
The cancellation of a subscription will go into effect at the end of Your current billing cycle. Additional fees may apply if you decide to subscribe again at a later date.
topseos.com provides no guarantee in sales, any particular specific number of leads, top rankings, minimum number of potential visitors to topseos.com, any number of potential clients that would be informed outside of topseos.com, or any increased sales because of any verification status to Providers. No refunds or fees already paid will be given. There will be no exceptions to this.
PROVIDE ACCURATE INFORMATION
You agree to provide true, accurate, and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy, and completeness. Whenever You post any information on or to the Site (including but not limited to posting a request for services, and/or posting Your profile), You agree to provide true, accurate, and complete information. topseos.com reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.
topseos.com does not represent that any information located or highlighted in the Research section has been created, written, or drafted by topseos.com, nor does it represent that any of the information posted or highlighted therein has been used with the express written consent of the author or creator of such work. The Research section is intended to be used as a feed aggregator for a portal of news and information for the community, and topseos.com makes no other representations or warranties regarding the source of any such information.
You agree NOT to do any of the following while using the Site:
(i) Violate any applicable law or regulation;
(ii) Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
(iii) Temper with postings of other users;
(iv) Post logos, seals, or slogans from third parties on any part of the Site unless they are provided by topseos.com or a topseos.com affiliate;
(v) Solicit or gather any User’s information available from the Site, such as other users’ name and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
(vi) Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
(vii) Frame or link to the Site except as permitted in writing by topseos.com;
(viii) Impersonate or misrepresent Your affiliate with any person or entity;
(ix) Post false or misleading information about a product, service, or service request;
(x) Post or transmit any Content that infringes a third party’s intellectual property rights or rights of publicity or privacy;
(xi) Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of topseos.com or other users or otherwise objectionable
(xii) Fail to respond to an email from topseos.com regarding violation, dispute, or complaint.
We may cancel Your membership if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this User agreement, or violated our rights or those of another party. topseos.com reserves the right to terminate any User for any reason, at its sole discretion.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by topseos.com. topseos.com and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if topseos.com believes that a User’s conduct violates applicable law or is harmful to the interests of topseos.com and its affiliates.
topseos.com expects our account holders to do the same. At our discretion and in appropriate circumstances, topseos.com may terminate the accounts of Users who infringe upon the intellectual property rights of others.
The Site may contain links to other web Sites or resources. You acknowledge and agree that topseos.com is not responsible or liable for (i) the availability or accuracy of such Sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.
You agree to defend, indemnify, and hold harmless topseos.com, its officers, directors, employees, agents, and affiliates from and against any claims, actions, or demands including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against topseos.com for unsatisfactory performance of services listed on the Site, or Your violation of this User Agreement.
DISPUTES BETWEEN BUYERS AND SERVICE PROVIDERS
Any disputes in connection with services provided by Service Providers or payments made by Buyers remain between such Buyers and Service Providers. You acknowledge that topseos.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action towards resolving any such dispute.
DISCLAIMER OF WARRANTY
Use of the Site and of the payment service is entirely at Your own risk and the Site, the payment service, and all products or services offered on or through the Site are offered “as is” without warranty or guarantee of any kind, either express or implied, including without limitation: (a) any warranties concerning the availability, accuracy, or content of information, products, services or results; and (b) any warranties of merchantability or fitness for a particular purpose, unless such warranties are legally incapable of exclusion, in which case, they are excluded to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
In no event shall topseos.com be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue data, or use, incurred by User or any third party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of such damages. In no event shall topseos.com be liable for any liabilities, damages, losses, costs, or expenses incurred by any third party as a result or in connection with such third party’s use or access of User Internet, Intranet, or Extranet sites. topseos.com will not be liable for any liabilities, damages, losses, costs, or expenses incurred by User or any third party as a result of any portion of User sites that were developed by anyone other than topseos.com. topseos.com reserves the absolute right to cancel or abandon the agreement and/or to change the terms and conditions contained herein and/or, any other rules and regulations in respect of the program at any time without any notice, without assigning any reason and without any liability whatsoever.
The jurisdiction of any disputes will be established in Indiana. This Agreement shall be governed by and construed in accordance with the laws of Indiana.
Any and all disputes and legal actions arising out of the interpretation or application of this Agreement shall be disputes resolved by and brought exclusively in the courts of Marshall County of Plymouth, IN (both parties agree that any disputes will not be handled by the District Court of Indiana regardless of the amount of damages) and the parties hereby consent to the exclusive jurisdiction of such courts with respect to such matters. This Agreement shall be interpreted and enforced in accordance with the laws of Indiana.
In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both), or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees and costs and expenses incurred.
This Agreement constitutes the entire agreement between you and topseos.com with respect to the Site and to your purchase of topseos.com’s products and services offered through this Site, if applicable, including the Subscription-Based Services, and supersedes all prior agreements between You and topseos.com. Failure by topseos.com to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.