Terms and Conditions
Welcome to www.ToplevelSportswear.com
Toplevel Sportswear provides services to you on www.ToplevelSportswear.com and www.ToplevelSportswear.com mobile application subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.ToplevelSportswear.com and these terms and conditions at any time. By accessing or otherwise using www.ToplevelSportswear.com or the www.ToplevelSportswear.com mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
USE OF Toplevel Sportswear
By using www.ToplevelSportswear.com and the www.ToplevelSportswear.com mobile application you represent and warrant that you are more than 18 years of age or are visiting www.ToplevelSportswear.com with the permission and supervision of a parent or guardian.
Subject to these Terms and Conditions, Toplevel Sportswear hereby grants you a limited, revocable, non-exclusive license to access and use the www.Toplevel Sportswear.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the Toplevel Sportswear website unless expressly permitted by Toplevel Sportswear. Toplevel Sportswear reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.ToplevelSportswear.com.
USER REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to Toplevel Sportswear whether on the Toplevel Sportswear.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #ToplevelShirts #ToplevelSportswear #FullPrintApparel or other Toplevel Sportswear branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to Toplevel Sportswear, you grant Toplevel Sportswear a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Toplevel Sportswear’s sole and exclusive property. In addition, when you post photographs, reviews or comments to Toplevel Sportswear or on any of Toplevel Sportswear’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Toplevel Sportswear.
INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the www.ToplevelSportswear.com website, blog and mobile application belong exclusively to Toplevel Sportswear, or its affiliates. The use of any Toplevel Sportswear trademarks or service marks without Toplevel Sportswear’s express written consent is strictly prohibited. You may not use Toplevel Sportswear’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Toplevel Sportswear. In addition, you may not use any of Toplevel Sportswear’s trademarks or service marks in meta tags without Toplevel Sportswear’s explicit prior consent.
Customers who access and use the www.ToplevelSportswear.com website from outside of the United States are responsible for complying with their local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
No provisions in these Terms and Conditions should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of Eminent, Inc. owed to consumers. All provisions of these Terms and Conditions, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to Florida consumers only to the fullest extent permitted by Florida law and in no event shall the waivers, disclaimers, or limitations on Eminent, Inc.’s liability exceed the limits allowable under the laws of the State of Florida. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Toplevel Sportswear deeply respects the intellectual property of others. Please contact legal@ToplevelSportswear.com if you believe that any content on www.ToplevelSportswear.com constitutes an infringement of your copyrights.
APPLICABLE LAW; DISPUTES; REMEDIES
The laws of the State of Florida will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the www.ToplevelSportswear.com website or products purchased on www.ToplevelSportswear.com shall be submitted to confidential arbitration in Lakeland, Florida, except in regards to issues regarding violations of Toplevel Sportswear’s intellectual property rights, which we may seek relief from in any state or federal court in the State of Florida. By using the www.ToplevelSportswear.com website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Florida.
1810 Lakeland Hills Blvd.
Lakeland, FL 33805
Phone: (321) 200-0305