Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Payment: Topoutboards.com will release, deliver, and/or install any product(s) listed on this receipt upon payment in full. All special orders require payment in full prior to ordering. All products are deemed releasable upon payment in full.
For purchases at Topoutboards.com Retail Showrooms, additional amounts not stated on your invoice arising from changes in the scope of work related to custom installation are due in full at the time of the request. Delinquent payments may cause installation work to cease and may result in a lien being filed against the property in favor of Topoutboards.com. If said lien need be perfected additional charges may incur.
Storage: Topoutboards.com may not be able to store purchased items for more than five (5) days from the original date of purchase.
Dispute Resolution: Purchaser andTopoutboards.com agree to mediate any controversy or claim arising out of or relating to this invoice(s) or breach thereof, or Purchaser’s purchase of goods and/or services from Topoutboards.com.
Warranties: Manufacturer’s warranty covers manufacturer defects only. Manufacturers do not warrant product dimensions, naturally occurring cosmetic imperfections, abuse, misuse, acts of God, accidents, and/or normal wear. Topoutboards.com will not allow returns, exchanges, and/or assume liability to pay for any damages due to uneven aging of raster and/or phosphors of any Television sets. All warranties, including extended warranties, are issued from manufacturers or extended warranty providers.
Topoutboards.com hereby disclaims all warranties expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Topoutboards.com disclaims any and all warranties, liability, and/or compatibility specific to the installation of components provided by clients. Topoutboards.com neither assumes nor authorizes any other person to assume for it, any liability in connection with the sale of its products.
Topoutboards.com is not responsible for “loss of use” of any product for any reason. Additionally, any furniture mechanism, including but not limited to recliner mechanisms and sleeper mechanisms, are subject to manufacturer’s warranty. All furniture warranties, including but not limited to leather and stone warranties, apply under conditions of normal usage and do not apply to damage resulting from misuse, accidents, negligence, or normal wear. This disclaimer by the seller, Topoutboards.com, in no way affects the terms of any manufacturer’s warranty.
Tax: Sales tax is not separately calculated and collected in connection with items ordered from Topoutboards.com unless explicitly indicated as such in the ordering process. Items ordered from Topoutboards.com may be subject to sales tax in Japan. If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, gift-wrap charges and other service charges, less any applicable discounts.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Topoutboards.com. The collective work includes works that are licensed to Topoutboards.com. Copyright 2020, Topoutboards.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Topoutboards.com or purchasing Topoutboards.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Topoutboards.com or to purchase Topoutboards.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Topoutboards.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names ofTopoutboards.com used in the site are trademarks or registered trademarks of Topoutboards.com
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Topoutboards.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Topoutboards.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Topoutboards.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Topoutboards.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Topoutboards.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Topoutboards.com product is mistakenly listed at an incorrect price, Topoutboards.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Topoutboards.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Topoutboards.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Topoutboards.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Topoutboards.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Topoutboards.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Topoutboards.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Topoutboards.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Topoutboards.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Topoutboards.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Topoutboards.com in its sole discretion.
You agree to indemnify, defend, and hold harmless Topoutboards.com, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Topoutboards.com may link to sites operated by third parties. However, even if the third party is affiliated with Topoutboards.com, Topoutboards.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Topoutboards.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Topoutboards.com.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).