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Top 5 Electronic Cigarettes Terms of Use
f you require additional information or have any questions about our Terms of Use, click here to contact us. Your use of www.top5electroniccigarettes.com is subject to these Terms of Use. We may modify these Terms of Use at any time without notice to you by posting the revised Terms of Use on this Web site. Your use of this Web site constitutes your binding acceptance of these Terms of Use, including any modifications that we make.
PLEASE NOTE: TOP 5 ELECTRONIC CIGARETTES, ITS OWNERS, EMPLOYS, PARTNERS, SUPPLIERS, SUBCONTRACTORS AND AFFILIATES HAVE NO CONTROL OVER ANY PRICING, DISCOUNTS, CONTENTS, METHODS OR INFORMATION PROVIDED BY OR WITH ANY OF THE JOBS, SYSTEMS, PROGRAMS, PRODUCTS OR SERVICES REVIEWED, RANKED, CATEGORIZED, DESCRIBED OR OTHERWISE ALLUDED TO WITHIN THE PAGES OF THIS WEB SITE. THEREFORE, THE OPINIONS AND INFORMATION PROVIDED BY TOP 5 ELECTRONIC CIGARETTES IS STRICTLY WITHOUT ANY GUARANTEE OR WARRANTY AS TO ITS ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY AND ALL OF THE INFORMATION PROVIDED BY TOP 5 ELECTRONIC CIGARETTES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE RECOMMEND THAT PRIOR TO MAKING ANY PURCHASE, THAT THE SELLER BE RESEARCHED AT THE BETTER BUSINESS BUREAU WEB SITE OR YOUR LOCAL BETTER BUSINESS BUREAU OFFICE.
Parts of this Web site may be subject to additional posted conditions. Your use of this Web site is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Web site;
- Change, suspend, or discontinue all or any part of our Web site;
- Refuse, move, or remove any material that you submit to this Web site for any reason;
- Refuse, move, or remove any content that is available on this Web site;
- Establish general practices and limits concerning use of this Web site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Web site may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Web site. You also understand that our Web site may include advertisements.
This Web site includes a combination of content that we create, and that our partners create. All materials published on this Web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on this Web site in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on this Web site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on this Web site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, that may include a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
This Web site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, product rankings, product ratings, blog posts, editorial opinions, guidelines, advice, and recommendations. It also includes information about products and services offered by parties other than Top 5 Electronic Cigarettes, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on this Web site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the blog or feedback sections of this Web site.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable.
This Web site contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on this Web site of any third-party content or a link to a third-party site does not constitute an endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on this Web site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Any of the information that we collect from your visit, including but not limited to i.p. address, browser type, length of visit, pages visit as well as any content voluntarily submitted by you to this Web site, is subject to our Privacy Policy. Please click here to see our full Privacy Policy.
If we request registration information from you, and you voluntarily provide us with any such information; or if you voluntarily provide us with information that we have not requested from you; you understand and agree that any such information you provide us with is true, accurate, current, and complete information. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying this Web site is the property of Top 5 Electronic Cigarettes, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying this Web site or the Web site. You agree not to modify the software underlying this Web site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Web site.
Without limiting the foregoing, you agree that you will not use this Web site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, this Web site, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within this Web site;
- Collect or store personal information about other end users;
- Interfere with or disrupt this Web site, servers, or networks;
- Impersonate any person or entity, including, but not limited to, any Top 5 Electronic Cigarettes representative — including the sites owners and its editors — or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through this Web site or to manipulate your presence on this Web site;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
If you are asked by this site to provide a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from this Web site, deny you access to this Web site, or any combination of these options.
Unauthorized access to this Web site is a breach of these Terms of Use and may be a violation of law. You agree not to access this Web site by any means other than through the interface that is provided by Top 5 Electronic Cigarettes for use in accessing this Web site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Web site, except those automated means that we have approved in advance and in writing.
Use of this Web site is subject to existing laws and legal process. Nothing contained in these Terms of Use shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of this Web site.
You hereby agree to indemnify, defend and hold Top 5 Electronic Cigarettes and all of our editors, officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Top 5 Electronic Cigarettes Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Top 5 Electronic Cigarettes Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- Your use of this Web site;
- Your use of any information provided by this site including, but not limited to, the reviews, advice, opinions, endorsements, information, messages, correspondence,
- The content, the quality, or the performance of content that you submit to this Web site;
- Your connection to this Web site;
- Your violation of these Terms of Use; or
- Your violation of the rights of any other person or entity associated with this site, including any and all site users, whether that person is know to us or not.
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We reserve the right, at our own 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.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from this Web site. We disclaim any responsibility for any service outages that are caused by any maintenance, upgrades, improvements or changes performed on the servers utilized by this site or the technology that underlies it, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS WEB SITE. THIS WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THIS WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THIS WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Top 5 Electronic Cigarettes may elect to resolve any controversy or claim arising out of or relating to these Terms of Use or this Web site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Arizona, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Arizona, necessary to protect the rights or the property of you or Top 5 Electronic Cigarettes (or its agents, assigns, successors, suppliers, and subcontractors), pending the completion of arbitration.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use, including all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and Top 5 Electronic Cigarettes and govern your use of this Web site, superceding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Arizona if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
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