Last Updated: May 1, 2013
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the top of this Agreement.
From time to time, we may offer products for sale as part of the Website. We reserve the right to change the descriptions, specifications, and prices of the products offered on the Website without notice and at any time. Topo Athletic does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to the interests of Topo Athletic.
Unless otherwise indicated, this Website and all of its content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all content and intellectual property rights therein are the property of Topo Athletic or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any content on this Website does not constitute a waiver of any right in such content. You do not acquire ownership rights to any content viewed through this Website. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted solely to the extent necessary to lawfully access and use this Website and its content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Topo Athletic, the Topo Athletic logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Topo Athletic (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Restrictions on use
All content and material on the Website, such as text, graphics, video, logos, photographs, icons, images, and audio clips, are the property of Topo Athletic and are protected by United States and international copyright laws. The compilation of all content and material on the Website is the exclusive property of Topo Athletic and protected by U.S. and international copyright laws. Content and material from the Website may not be copied, except by a user solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Topo Athletic. Modification or use of the content or material for any other purpose would violate Topo Athletic’s intellectual property rights. The content and material on the Website is provided for lawful purposes only. Any intellectual property embodied in the Website, including without limitation patents, issued or pending, are the sole property of Topo Athletic.
If you choose to register your personal information into a new account within our Website (become a “Registered User”), your access to and use of certain components of the Website is subject to verification of your authority to so access and use such components of the Website. You shall hold and secure any username and password that provides you access to the Website or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Website accessed or used via your account. You shall immediately notify Topo Athletic of any actual or suspected unauthorized use of your username and password by sending an email to email@example.com.
We may add, delete, remove, modify, disable, suspend or restrict some or all of the Website at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Website to the same extent, or at all, as prior to such events, and (ii) we shall have no liability to you or any third party in such case. We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Website.
Use of and Registration in the Website is void where prohibited. By using the Website as a Registered User, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your Registration may be terminated without warning, if we believe that you are under 13 years of age.
Notice of copyright infringement
When we become aware of allegations of copyright infringement in material distributed via the Website, we will investigate the allegations and take appropriate action.
If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, please provide us with the following information:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the allegedly infringing material on the Website that is requested to be removed;
- Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please send this information to:
Topo Athletic, LLC
Attn.: Copyright Infringement
55 Chapel Street
Newton, MA 02458
You are responsible for text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material (collectively, “User-Generated Content”) that you post. Under no circumstances will we be liable in any way for any User-Generated Content. You can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate this Agreement, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Topo Athletic or any person or entity associated with Topo Athletic.
You shall retain any copyrights that you own in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Website you are granting us a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, you should not post any User-Generated Content (including any photographs, videos, confidential information, or product ideas) to which you do not agree to grant to us the above-described licensed rights.
We have the right, but do not assume the obligation, to: monitor and/or review all User-Generated Content; require that you avoid certain subjects; remove or block any User-Generated Content at any time without notice at our sole and absolute discretion; disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Topo Athletic or others, or to enforce this Agreement; and terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
It is a condition of this Agreement that you do not upload, post, transmit or otherwise make available any User-Generated Content that: (i) is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy, (ii) constitutes or encourages activity illegal under criminal or civil law, (iii) is false, misleading, or fraudulent, (iv) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (v) violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity, (vi) contains the image, name or likeness of anyone other than yourself, unless (1) that person is at least eighteen years old and you have first obtained his/her express permission or (2) that person is under eighteen years old but you are his/her parent or legal guardian, (vii) solicits any private or personal information from an individual, (viii) solicits money, good or services for personal gain, (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (x) contains advertising, promotions or marketing, or which otherwise has a commercial purpose, (xi) impersonates any person or entity or falsely state or otherwise misrepresents your affiliation with a person or entity, or (xii) violates any local, state, national or international law, rule.
Links to third-party websites
The Website may link to other websites which are not maintained by Topo Athletic and which are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by Topo Athletic and/or the Website. Viewing of any website linked to the Website is at your own risk.
Social Networking Services
In addition, Topo Athletic is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Topo Athletic is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Topo Athletic enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You hereby agree to indemnify, defend and hold harmless Topo Athletic and each of their officers, directors, representatives, agents and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any content that you submit or breach or alleged breach of any of your contained in this Agreement. Topo Athletic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Topo Athletic. You shall cooperate as fully as reasonably required in the defense of any claim.
TOPO ATHLETIC, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS (COLLECTIVELY, THE "TOPO ATHLETIC PARTIES") DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE TOPO ATHLETIC PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TOPO ATHLETIC PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TOPO ATHLETIC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE TOPO ATHLETIC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE TOPO ATHLETIC PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
Limitation of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
This Agreement gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in this Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Topo Athletic may terminate any rights granted hereunder at any time. Topo Athletic may prevent your access to the Website or cancel your Registration immediately without notice if, in its sole judgment, you breach any provision of this Agreement or for any other reason (or no reason) whatsoever.
Compliance with applicable laws
Topo Athletic and this Website are based out of Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the content to countries or persons prohibited under the export control laws. By downloading the content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the content.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.
If you have further questions about this Agreement, please contact us via email at firstname.lastname@example.org or via mail at:
Topo Athletic, LLC
55 Chapel Street
Newton, MA 02458
Last Updated: May 1, 2013
Information we collect about you
Collection of Personal Information: We may request personal information about you such as name, phone number, billing address, shipping address, credit card information, email and other personal information in various places on our website. You may choose to provide this personal information in order to access certain services or features such as completing a purchase, registering for an account, providing feedback or requesting information. You can always choose not to provide your personal information, but you may not be able to use a particular service or feature.
Collection of Non-Individually Identifiable Information: Every time you visit our website, we may collect information from you that is not personally identifiable. Examples of this type of information include: the date and time of your visit, your IP address, the type of Internet browser you are using; the type of computer operating system you are using, the domain name of your Internet service provider, the Web page from which you came, and the pages you visit on our website. The information we receive depends on the settings on your web browser. This information does not identify you personally; however, we may use this information in an attempt to identify you or we may combine this with information that does identify you.
In addition to cookies, we may also use “web beacons”, “pixel tags” and other web technologies to manage our website and email. These are small graphic images that allow us or preferred service providers to track non-personally identifiable analytical information about your visit to our website (such as pages viewed). We may link the information we collect using these web technologies to information that identifies you personally.
How we use your information
The information we receive allows us improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the information that you submit to us through the website to: process your purchase, confirm your orders and communicate to you about account information or customer service needs, customize your communications and shopping experience, coordinate contests, promotions, surveys or other website features, improve the content, usability and functionality of our website, and improve our marketing and promotional efforts.
If you provide us with your email address as part of a purchase transaction on our website, or if you choose to receive communications from us, we may periodically send you newsletters, emails featuring sales information, and emails requesting your feedback on our products and services. In addition, if you make a purchase on our website, we may send you order and shipping information. You can remove your email from our email list at any time. To do so, contact our Customer Service Department at email@example.com or (888) 994-9750.
How we share your information
For the purpose of operating our business, we may transfer your information to third party service providers who act on Topo’s behalf. For example, these third party service providers may handle credit card processing, shipping, email distribution, information analysis, and promotional efforts. We provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your information.
We may use your information in aggregated or otherwise de-identifiable format for a variety of business purposes such as reporting, marketing, data analysis and business improvement. It is important to note that the aggregated or otherwise de-identified information we use for the purposes described in this paragraph will not identify you individually.
We may be obligated to cooperate with various law enforcement inquiries and we reserve the right to share or transfer personal information to comply with a legal requirement, disclose any activities or personal information about you to law enforcement or other government officials as we, in our sole discretion, determine necessary or appropriate, in connection with an investigation of fraud, for the administration of justice, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
How we protect your information
We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of personal information you submit on or through our website. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit. Unfortunately, no website, server, or database is completely secure or “hacker proof.” We therefore cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination of personal information contained in user-generated content you post on or through our website, and you should have no expectation of privacy in such information. Please keep this in mind when determining what information you share online in user-generated content and otherwise.
Links to other sites
Social Media Features and Widgets
You must be at least 13 years old to have our permission to use this Website, and at least 18 years old to register on our site or make any purchases in our online store. We do not knowingly collect, use or disclose Personal Information about visitors under 13 years of age. If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission.
How to update your information
If for any reason you would like to be taken off the email list that notifies you of upcoming promotional offers or to opt-out of having your personal information transmitted to our third party service providers, please contact our Customer Service Department at firstname.lastname@example.org or (888) 994-9750. Please note that if you decide to opt-out of all third-party transmissions of your personal information, we may not be able to process your order.
If you have created an account during the ordering process, you can login to or manage your account by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify your contact information, update your billing and shipping addresses, view past orders, or delete your account completely.
How to contact us
Topo Athletic, LLC
55 Chapel Street
Newton, MA 02458