Terms of service

OVERVIEW

This website is operated by Toplash. Throughout the site, the terms “we”, “us” and “our” refer to Toplash. Toplash offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service without notice.
  • We shall not be liable to you or to any third-party for any modification, price change, or suspension of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties of any kind.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish and distribute them. We are under no obligation to maintain any comments in confidence or pay compensation for them.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content:

  • For any unlawful purpose;
  • To violate any international, federal, provincial or state regulations;
  • To infringe upon or violate our intellectual property rights;
  • To submit false or misleading information;
  • To upload or transmit viruses or any other type of malicious code;
  • To collect or track the personal information of others.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. In no case shall Toplash, our directors, officers or employees be liable for any injury, loss, or claim arising from your use of the Service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Toplash and our affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to your breach of these Terms of Service.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 16 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service and any policies posted by us on this site constitutes the entire agreement and understanding between you and us, superseding any prior agreements.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@toplash.com.

Toplash LLC
2380 Drew Street, Clearwater FL 33765, United States