The Topper's Website
1. Acceptance of Terms. Welcome to Topper's Pizza. By using The Topper's Website you agree to be bound by these "Terms of Service."
2. Definitions. In these Terms of Service: "The Topper's Website" or "the Website" means the website associated with the domain name www.toppers.com. "The Services" means all the services offered in conjunction with the Website. "Topper's" or "Toppers" means Topper's Pizza, Inc., the owner of the Website and the provider of the Services.
3. Description of Services. Topper's provides a range of Services including but not limited to access to Topper's menus, information regarding Topper's franchising opportunities, and links to gift card purchasing services. Any new features added to the Services will also be subject to these Terms of Service, as they may be occasionally modified. Please review these Terms of Service from time to time so that you will be aware of any changes.
Although we will attempt to notify our users of significant changes to the Services or Terms of Service, we may modify the Services or Terms of Service for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.
4. Your Obligations. You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).
- 1. As a user of the Services, you agree to not use the Services to: post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. harm minors in any way;
- 3. impersonate any person or entity, including, but not limited to, an official of Topper's, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4. disguise the origin of any material posted on or transmitted by Topper's;
- 5. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- 6. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- 7. post, transmit or otherwise make available any material that 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;
- 8. "stalk" or otherwise harass another; or
- 9. collect or store personal data about other users.
6. Services and Information Provided "As Is." You understand and agree that the Services are provided "As Is" and that Topper's assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.
You understand that you, and not Topper's, are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Topper's does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Topper's does not guarantee the accuracy, integrity or quality of such material.
You acknowledge that although Topper's does not review material posted on, transmitted or otherwise made available through the Services by others, Topper's and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services.
7. Use of the Services in Other States and Countries. You agree to comply with all local rules regarding online conduct and content.
8. Topper's Intellectual Property. Topper's is the owner of all Website content —graphics, text and other elements— and all other material posted, transmitted or otherwise made available through the Services, including all copyrights and other intellectual property rights embodied therein. You hereby disclaim and assign to Topper's any and all copyright ownership and other intellectual property rights you may have in any material you post, transmit, or otherwise make available through the Services.
Topper's menus, coupons, and other promotional materials may be reproduced, distributed, displayed, reprinted and retransmitted for the purpose of promoting Topper's business and ordering Topper's goods and services. Topper's menus, coupons and other promotional materials may not be modified and Topper's other content and other materials may not be reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Topper's.
"TOPPER'S PIZZA," and the Topper's Logo are registered trademarks of Topper's and may not be used without the express written permission of Topper's.
9. Indemnity. You agree to indemnify and hold harmless Topper's, and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Website, your violation of these Terms of Service, or your violation of any rights of another person or entity.
10. No Commercial Use of Services. You agree to use Topper's website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services. If you want to make commercial use of the Website, you must enter into an express written agreement with Topper's to do so. Please contact us for more information.
11. Use and Storage of User Material. Topper's may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by Topper's; the maximum size of any single posted event; the maximum disk space that will be allotted on Topper's servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Topper's reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Topper's reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Termination. You agree that Topper's, in its sole discretion, may terminate your use of the Services, and remove and discard any material available on or stored by Topper's, for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Service. Topper's may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination Topper's may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Topper's shall not be liable to you or any third-party for any termination of your access to the Services.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOPPER'S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOPPER'S MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPPER'S OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPPER'S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPPER'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
16. General Contract Provisions. The Terms of Service constitute the entire agreement between you and Topper's and govern your use of the Services, superceding any prior agreements between you and Topper's. The Terms of Service and the relationship between you and Topper's shall be governed by the laws of the State of Wisconsin. You and Topper's agree to submit to the personal and exclusive jurisdiction of the courts located in Dane County, Wisconsin. The failure of Topper's to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and that the other provisions of the Terms of Service remain in effect. 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 the Services or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.