Terms of Use

Terms of Use2019-01-18T16:00:55-04:00

TERMS OF USE AGREEMENT FOR TOPBESTLIFE.COM

Effective Date: Jan 8, 2018

This website and its associated services and content (collectively “Website”) is owned and operated by Topbestlife.com and its team. Topbestlife has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

1. Warranties and Representations: You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is thirteen (13) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders that comply with Topbestlife’s robots.txt file. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

2. No Expert Advice: It is not the intention of Topbestlife to provide definitive information or expert advice regarding any product or service but rather the material contained on this site is for informational purposes only and should not be used as a substitute for competent advice from professional with experience in or specific knowledge about such product or service. The information should not be considered complete or up to date. Topbestlife does not recommend or endorse any specific product, service, professional, or course of action. Your reliance upon any information provided by Topbestlife, Topbestlife contractors and employees, others appearing on this Website at invitation by Topbestlife, or other visitors or users of this Website is solely at your own risk.

3. Ownership of Website and License: You acknowledge and agree that Topbestlife is the owner of, or has rights of the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Topbestlife. Topbestlife hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from Topbestlife, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Topbestlife.

4. Trademarks: All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Topbestlife. You are prohibited from using Topbestlife’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of Topbestlife.

5. User Generated Content: Topbestlife may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text, photos, videos, instructions/tutorials, designs, and other content (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content.

By submitting User Generated Content to the Website, you grant Topbestlife a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated products and services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

Any individual or entity uploading photos through the upload form agrees to the terms set forth in the Terms Of Use Agreement For Topbestlife.com. If you do not agree to these terms, do not upload photos. Otherwise, all photographs used on Topbestlife.com website will include credits for each photograph, provided by you as Licensor.

6. Section 230 of Communications Decency Act: You acknowledge and agree that Topbestlife is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Topbestlife may edit, remove, or control the content displayed through the Website, you agree that Topbestlife will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

7. Confidential Information: You recognize that you may come into possession of information that comprises valuable trade secrets and other confidential information which is exclusively owned by Topbestlife. You expressly recognize that such information is being conveyed to you under conditions of confidentiality, and you agree that you shall not disclose the confidential information to any third party during the term of this Agreement and thereafter, absent written permission from Topbestlife or court order.

8. Third Party Links: You understand that the Website may contain links to third party websites, applications, or services that Topbestlife does not own or control. You agree that Topbestlife will not be held responsible or liable for the content of third party websites, applications, or services and that Topbestlife’s inclusion of those websites, applications, or services within its Website does not constitute Topbestlife’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

9. Endorsement: Topbestlife does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Topbestlife and are not intended to be used for advertising or product endorsement purposes.

10. User Conduct: You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Topbestlife’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

11. Term and Termination: This Agreement will remain in full force and effect so long as the Website is in operation. Topbestlife may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

12. Disclaimer and limitation of liability:

Although Topbestlife has taken care to ensure that the content on this website is true and accurate, Topbestlife cannot be held responsible for any inaccuracies in the information herein.

The information and content (collectively ‘information’) provided herein are provided by Topbestlife as general information. Topbestlife does not guarantee the suitability or potential value of any information or particular investment source. Any information herein is not intended nor does it constitute financial, tax, legal, investment, or other advice. Before making any decision or taking any action regarding your finances, you should consult a qualified Financial Adviser. In the absence of a full needs analysis in respect of a particular investor, the investor understands that there may be limitations on the appropriateness of any information in this website with regard to the investor’s unique objectives, financial situation and particular needs.

The use of this website and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.

Topbestlife and its affiliates, shareholders, its respective directors, agents, consultants or employees shall not be responsible and disclaims all loss, liability or expenses of any nature whatsoever which may be attributable directly, indirectly or consequentially to the use of the information provided and relation to your use of this website or the online services or the information contained on this website or your inability to use this website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, and delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Topbestlife does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

13. Indemnification: You agree to hold harmless, indemnify, and defend Topbestlife, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Topbestlife under the terms of this Agreement will not provide you with the right to control Topbestlife’s defense, and Topbestlife reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Topbestlife.

14. Assignment: You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Topbestlife may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website. 16. Resolution of Disputes and Governing Law This Agreement will be interpreted under and governed by the laws of US without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Topbestlife will be exclusively resolved through arbitration.

15. Severability: If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

16. Integration: This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Topbestlife. In the event of a conflict between this Agreement and any other into which you enter with Topbestlife, the terms of any other agreement will govern, and the order of preference will be (1) your other Agreement (e.g. Independent Contractor Agreement) and then (2) this Agreement.

17. No Waiver: You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

18. Child Online Privacy Protection Act: The Website is not directed to persons under the age of thirteen (13) and Topbestlife will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Topbestlife inadvertently collects personally identifiable information, Topbestlife will delete the personally identifiable information in accordance with its security protocols.

19. Reservation of Rights All rights not expressly granted herein are reserved to Topbestlife.

20. Privacy Policy Topbestlife hereby incorporates its Privacy Policy to these Terms of Service.

21. Copyright Policy Topbestlife hereby incorporates its Copyright Policy to these Terms of Service.

22. Notice Any notice required by this Agreement must be emailed to [email protected]

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