CONDITIONS OF USE
Welcome to topcowholesale.com a web site operated by Topco Sales. Topco Sales. provides their services to you subject to the following conditions. If you view the catalog, view the website, communicate or conduct business with Topco Sales in any manner, you accept these conditions. Please read them carefully. In addition, when you use any current or future Topco Sales service or visit or purchase from any business affiliated with Topco Sales, whether or not included in the Topco Sales web site or catalog, you also will be subject to the guidelines and conditions applicable to such service or business.
MATURE AUDIENCES ONLY
The Topco Sales website is intended for mature audiences only. The content may be unsuitable for children under the age of 18. Topco Sales does not sell or market to children. Topco Sales sells and markets to adults 18 and over who can purchase with a credit card or money order.
All content included on this site and within our catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Topco Sales or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and within our catalog is the exclusive property of Topco Sales and protected by U.S. and international copyright laws. Topco Sales or its software suppliers and protected by United States and international copyright laws.
Topco Sales is a registered trademark of Topco Sales in the United States and other countries. Topco Sales, The Topco Sales logo, www.topcowholesale.com and other marks indicated on our site are trademarks of Topco Sales or its subsidiaries, in the United States and other countries. The Topco Sales Logo and other Topco Sales graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Topco Sales or its subsidiaries. Topco Sales trademarks and trade dress may not be used in connection with any product or service that is not Topco Sales in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Topco Sales. All other trademarks not owned by Topco Sales. or its subsidiaries that appear on this site and within our catalog are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Topco Sales or its subsidiaries.
LICENSE AND SITE ACCESS
Topco Sales grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Topco Sales. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Topco Sales web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Topco Sales.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Topco Sales and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Topco Sales name or trademarks without the express written consent of Topco Sales. Any unauthorized use terminates the permission or license granted by Topco Sales You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Topco Sales so long as the link does not portray Topco Sales, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Topco Sales logo or other proprietary graphic or trademark as part of the link without express written permission.
Topco Sales reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may Topco Sales submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.
If you do submit material, and unless we indicate otherwise, you grant Topco Sales a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Topco Sales the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Topco Sales or its affiliates for all claims resulting from content you supply. Topco Sales has the right but not the obligation to monitor and edit or remove any activity or content. Topco Sales takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Topco Sales are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Topco Sales attempt to be as accurate as possible. However, Topco Sales does not warrant that product descriptions, prices, photographs or other content of this site is accurate, complete, reliable, current, or error-free. Topco Sales is not responsible for typographical errors. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Topco Sales itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TOPCO SALES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOPCO SALES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPCO SALES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENTERTAINMENT EARTH, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TOPCO SALES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPCO SALES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By viewing the catalog, the website, communicating with or conducting business with Topco Sales you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Topco Sales or its affiliates.
Any dispute relating in any way to your visit to www.topcowholesale.com or to products you purchase through Topco Sales shall be submitted to confidential arbitration in Ventura County, California, except that, to the extent you have in any manner violated or threatened to violate Topco Sales intellectual property rights, Topco Sales may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, catalog, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. In addition, the Retail Partner Program agreement policy supersedes any and all other policies and legal disclaimers, either on the website or verbally.
Topco Sales [Re: Privacy Compliance Officer] 3990 Heritage Oak Ct #B Simi Valley California US 93063 ----