Terms of Service
EFFECTIVE DATE: 21 May 2024
The Website and Products are provided subject to your acceptance of these Terms and Conditions ("Terms" or "Agreement"). These Terms constitute a legally binding agreement between you and Shoptop. By agreeing to these Terms, you also agree to the Shoptop Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, OR PARTICIPATION IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ALL DISPUTES UNLESS OTHERWISE SPECIFIED OR IF YOU OPT OUT. PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR PURCHASING ANY PRODUCT THROUGH THE WEBSITE.
User Obligations
By accessing, using, or downloading content from the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and that you agree to abide by these Terms. You agree to comply with all applicable local, state, and national laws and regulations regarding your use of the Website. Additionally, you agree to provide accurate, current, and complete information when submitting details to Shoptop.
You may not use the Website for any unlawful, obscene, commercial, or inappropriate purposes. Shoptop reserves the right to terminate your access to the Website at its sole discretion without prior notice. If you register for an account, you must maintain the confidentiality of your login credentials and notify Shoptop immediately in the event of unauthorized use or security breaches.
Purchases Through the Website
All purchases made through the Website are subject to acceptance by Shoptop. We reserve the right to refuse or cancel any transaction at our discretion without liability to you. The Website does not permit orders from dealers, wholesalers, or customers intending to resell items. Prices, product specifications, and availability are subject to change without prior notice. In the event of errors or omissions, Shoptop reserves the right to correct or cancel orders accordingly.
If you wish to return a product, please refer to our Online Return Policy and Store Returns Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website and its contents, including but not limited to text, images, videos, graphics, and software (collectively, "Content"), are owned, licensed, or controlled by Shoptop or its licensors and are protected by intellectual property laws. By using the Website, you obtain no ownership or proprietary interest in any content.
Shoptop grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. Shoptop reserves the right to suspend or terminate access to the Website and its Content at any time without prior notice.
User-Generated Content
By submitting or posting any User-Generated Content on the Website, you grant Shoptop an irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, distribute, modify, create derivative works from, and publicly display such content. You warrant that your submissions do not violate any laws or third-party rights. Shoptop assumes no responsibility for User-Generated Content and may remove it at its discretion.
Limitation of Liability; Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE OFFERED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SHOPTOP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
SHOPTOP DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. IN NO EVENT SHALL SHOPTOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS PRODUCTS. THIS DISCLAIMER DOES NOT APPLY WHERE PROHIBITED BY LAW, INCLUDING IN NEW JERSEY.
Links to Third-Party Websites
The Website may contain links to third-party websites. Shoptop does not endorse or assume responsibility for the content, accuracy, or services offered by such third-party sites. Your use of third-party websites is at your own risk.
Privacy Policy
By using the Website, you acknowledge and agree that certain personally identifiable information may be collected, used, and shared per our Privacy Policy. Providing your mobile phone number constitutes express consent to receive automated calls, SMS, or MMS messages from Shoptop. Consent is not required to make a purchase.
Electronic Signatures and Agreements
By clicking "SUBMIT," "PLACE MY ORDER," "I ACCEPT," or similar links, you acknowledge that you are entering into a legally binding contract with Shoptop. Your electronic consent is enforceable under applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (the "E-Sign Act").