User Prohibited From Illegal Uses
User shall not use this Site or Services in any way that violates federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
General Representation and Warranty
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THIS SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THIS SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
THIS SITE SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF NOTIFICATION OF SUCH LOSS) OR EXPOSURE TO THIRD PARTY CLAIMS BY REASON OF ACT OR OMISSION. THIS SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THIS SITE IN CONNECTION WITH THIS SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
This Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure is without User’s knowledge or consent. This Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond this Site’s reasonable control. This Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Third party products, links, and actions
This Site may include or offer third party products or services. It may also have other users or members who interact with each other, through this Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through this Site, and therefore you agree that we are not liable for any of them. Topicall welcomes any feedback about these sites, sellers, other users or members, and third parties.
Copyright Infringement and DMCA Policy
Topicall respects the intellectual property rights of others. If you believe that material located on or linked to by this website violates your copyright, you are encouraged to notify Topicall in accordance with Topicall’s Digital Millennium Copyright Act (“DMCA”) Policy. Topicall will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Topicall will terminate a visitor’s access to and use of this Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Topicall or others.
Topicall grants User a revocable, non-transferable, and non-exclusive license solely in connection with this Site and its Services, under these Terms.
This Agreement does not transfer to You any Topicall or third party intellectual property, and all right, title and interest in and to such property will remain solely with Topicall. Topicall, parents.topicall.info, the t-globe logo, and all other trademarks, service marks, graphics and used in connection with Topicall, or this Site are trademarks or registered trademarks of Topicall or Topicall’s licensors. Other trademarks, service marks, graphics and logos used in connection with this Site may be the trademarks of third parties. Your use of this Site grants you no right or license to reproduce or otherwise use any Topicall or third-party trademarks.
We are based in Minneapolis, MN, and you are contracting to use this Site. These Terms and all matters arising from your use of this Site are governed by and will be construed according to the laws of Minnesota, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Minneapolis, MN, will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or this Site and Service.
Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near , under the rules of the American Arbitration Association.
Topicall reserves the right to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of this Site following posting of any changes to this Agreement constitutes acceptance of those changes.
If you have any questions about these Terms of Service, please address them to email@example.com.
(Updated March 24, 2017)