PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE HTTP://TOPMINISITE.COM/ WEBSITE AND/OR SERVICES AVAILABLE THROUGH THE WEBSITES WILL BE RESOLVED.
Introduction
Welcome to Top Minisite
By using any page of this Website, including the related mobile website and any Membership or Community Areas (the “Websites”), or using any services that are described in and/or are available for use or purchase through the Websites (“Services”), you agree to be bound by these Terms of Use, whether or not you make a purchase, create a User Account, or register as a Member, and whether you’re accessing the Websites from a computer, tablet, mobile phone device, or other means of access.
1. Eligibility
By posting content on the Websites, forums, groups, communities or any third party account or social media account associated therewith, you acknowledge, represent and warrant that:
- Your content and personal information posted in any public forums, communities, groups and membership areas associated with the Websites and Services provided thereon may be available to other Members and users, as well as some third party sites;
- You are the sole author and owner of all intellectual property and other rights to any content posted by you, or have the necessary licenses, rights, consents and permissions to use said content;
- You are at least 18 years old;
2. Updates
We may add additional websites, pages, apps, products and services as we expand our offerings, and these Terms of Use will govern those new additions when they are made public.
This Agreement is subject to change by Top Minisite at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Your continued use of the Websites and our Services will constitute your express and binding acceptance of and consent to the any Terms of Use in effect, including all revisions.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Websites and Services. By accessing and/or using the Websites and Services, or by creating a User Account and/or becoming a Member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein. Your consent to these terms is binding in the same way as placing your handwritten signature on a contract printed on paper.
3. Restrictions
By using the Websites, you agree not to interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Websites, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Websites, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Websites. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Websites or its functions and features, including the ability to purchase and use Products, Services, and Account or Membership benefits.
4. Third Parties.
Top Minisite may provide content from third parties, and links to sites operated by third parties over whom Top Minisite has no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Top Minisite and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of the views of Top Minisite.
5. Intellectual Property
All content on the Websites may constitute the intellectual property of Top Minisite. Except in circumstances expressly authorized in these Terms of Use or a separate, superseding agreement, no material on the Websites, and no material transmitted as part of our Products or Services, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever without the express, written consent of Top Minisite, except as noted below in this section.
Copyright. Any and all content on the Websites, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Websites is Copyright © 2020, Top Minisite, ALL RIGHTS RESERVED. The compilation, collection, assembly and arrangement of all content on the Websites is the exclusive property of Top Minisite, and is protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.
Nothing in this document, or on the Websites, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Top Minisite, or any of its partners, sponsors, parents, subsidiaries, and affiliates.
6. Reservation of Rights
Top Minisite reserves the right to terminate, in its sole discretion and without notice, any membership or user account, and/or block any user’s or member’s ability to use or access the Websites, or any of its pages, in any manner.
Top Minisite may access, preserve and disclose any personal information collected, including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a) comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Use; d) respond to your customer service requests, or e) protect the rights, property, life, health, safety or security of Top Minisite, its employees, its users, or any other person or entity.
Warranty Disclaimer. Top Minisite IS PROVIDING THIS WEBSITES, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS. ON AN "AS-IS" BASIS. Top Minisite MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITES OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Top Minisite SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITES OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY Top Minisite.
Top Minisite MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITES, OR THEN TERMS OR SERVICES OR RATES OR FEES OR QUOTES DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS BY LENDERS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITES OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
OUR TEAM OF EDITORS RATE OFFERS UNABIASEDLY IN LIGHT OF MANY COMPONENTS.
OUR CONTENT AND SERVICES AE INTENDED ONLY TO ASSIST WITH FINANCIAL DECISIONS AND DOES NOT CONSIDER YOUR PERSONAL SITUATION, YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND THE INFORMATION AND ADVICE MAY NOT BE APPROPRIATE FOR YOUR PERSONAL SITUATION. THEREFORE, BEFORE MAKING A FINANCIAL DECISION, WE URGE YOU TO OBTAIN ADDITIONAL INFORMATION AND ADVICE BY FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES, TOP MINISITE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT
It is possible for the Websites and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on any Top Minisite website or service and these Terms, these Terms shall control.
7. Liability Limitation
Top Minisite SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITES, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY Top Minisite, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
8. Indemnification
By using the Websites, any community or membership areas, or any social media or other public forums and third party accounts associated therewith, you agree to defend, indemnify and hold harmless Top Minisite and its officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, assigns and third-party service providers, from all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Websites and any community or membership areas; b) your violation of any term of these Terms of Use; c) a breach of your representations and warranties set forth above regarding content posted by you; d) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or e) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third party claim against Top Minisite for liability for any actual and alleged losses, damages, or other liability caused by or related to you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website and any membership or community areas, groups, forums, social media pages and accounts, and other pages and platforms associated with the Websites and Services provided or described thereon.
9. Privacy
Please see our Privacy Policy at https://topminisite.com/page/privacy-policy for details regarding the manner in which Top Minisite may collect process and use personally identifiable information about you, including any information you supply or we may collect in connection with your use of the Websites, including any community and member areas.
10. No Waiver
Failure of Top Minisite to insist on, or take immediate action to enforce strict compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Use, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
11. Choice of Law and Forum Selection
This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, excluding that State’s choice-of-law principles.
12. Dispute Resolution
Should a dispute arise between you and Top Minisite, please contact our customer service team by sending an e-mail to [email protected]. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND Top Minisite AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITES, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No Class Actions. By using the Websites and associated services, you consent, acknowledge and agree that class actions, class arbitrations, mass actions, private attorney general actions, and consolidation of matters with other arbitrations are expressly prohibited under these Terms of Use. All disputes against Top Minisite must be resolved on an individual basis. You may not bring a claim or lawsuit against Top Minisite as a plaintiff or class member in a class action; consolidate action, mass action, or representative action.
13. Force Majeure
Top Minisite will be excused from any delay or failure of performance required under these Terms of Use if caused by reason of any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of Top Minisite, and b) prevents Top Minisite from performing its obligations under this agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature. The obligations and rights of Top Minisite shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.
14. Assignment
Top Minisite may assign its rights under this Terms of Use document at any time, without providing any notice to you. You may not assign your rights under this Terms of Use without the express written consent of Top Minisite or its assigns.
15. Survival
All provisions that logically ought to survive termination of this Terms of Use, including but not limited to applicable Representations, Covenants, Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive and continue to apply even after you stop using the Websites and the content and services provided through same.
16. Severability
If any provision of this Terms of Use document is declared by any court of competent jurisdiction (or arbitrator) to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of these Terms of Use shall remain in full force and effect, and shall continue to be valid and enforceable. If a court (or arbitrator) finds that an unenforceable portion of these Terms of Use may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited. These Terms of Use are intended to be interpreted in a manner that renders them valid, legal and enforceable, and the parties hereby expressly agree that a court of law (or arbitrator) may modify, restrict or limit the terms herein to accomplish that intent.
17. Headings
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
18. Notices
Notices from us to you may be made via e-mail or regular mail.
Any notice required to be given to Top Minisite under these Terms or otherwise, must be in writing, addressed as follows: