Our Terms & Conditions

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Definitions
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Trademarks
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Site Behavior

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Welcome

Thanks for visiting Topaeo.com (the ‘site’) and welcome! Since you are here, you agree to these terms and our Privacy doc, which both govern your relationship with Top AEO (that’s us) and your use of this wonderful website.

Definitions

Here are some fun definitions for you to memorize…

  • By ‘you’ we mean anyone who views, accesses or uses the site.
  • By ‘we’, ‘us’ or ‘our’ we are referring to Top AEO.
  • By ‘Top AEO’ we are referring to the site owner, MightyBark LLC, which 100% owns and operates Top AEO.
  • By ‘services’ we mean all content, products, services and features offered on (i) topaeo.com (ii) any mobile applications (iii) or any premium services.
  • By ‘agreement’ we mean the binding terms on this page that you are reading as we speak.
  • By ‘linked sites’ we mean any third-party website, which may include software providers, advertisers and affiliates, you may access through our services.

Behavior

Throughout your journey using our services, you agree to be on your very best behavior and…

  • You are at least 18 years old and have the right and authority to register for an account and accept this agreement.
  • You take full responsibility for your use of any content from the site and we are not liable for anything.
  • It’s also your sole responsibility to make sure any services from us meet your specific requirements and/or needs before you take any action whatsoever.
  • You are solely responsible for maintaining the confidentiality of your account and protecting your password. You also agree to accept full responsibility for all activities and disseminated content that occurs under your account or password.
  • You will only create one exclusive account for yourself (or the company you work for) and you will not provide false information about yourself in your account, messages or any content.

Trademarks

We work hard (just like you) so we’d appreciate it if you didn’t steal our content and understood that:

  • We’re happy to share content with you, as long as you give credit where credit is due.
  • You may not reproduce, publish, distribute, transmit, transfer, sell or modify any portion of this site without our permission.
  • On top of that, any designs, graphics, infographics, videos, pics, text or any other content are protected by international copyright and intellectual property laws, that you won’t want to break.
  • Any other trademarks, copyrights and names that are not ours (third parties) are properties of their respective owners.

Our Rights

Respect is a two-way street – we have some rights too – so you agree and acknowledge:

  • We may change these terms at any time, and you should review them often.
  • Our content on the site is for informational purposes only and we reserve the right to change it whenever we want without notice, and we are no obligation to update the content either.
  • We may contract with others entities to provide you services and we are not liable for the actions or inactions of any entity used by the Provider in connection with providing you services.
  • We can remove, suspend or block any account or users from certain IP addresses at our sole discretion that we feel jeopardize other members, which may result in the forfeiture and deletion of your account information.
  • If we remove or suspend your account (by removal or suspension), you will not create a new one without our permission and the details of these terms will remain in effect until termination, including, without limitation, provisions relating to warranty disclaimers and limitations of liability.
  • We can assign any part of this agreement at our sole discretion and without your consent.

Specials

  • If you don’t agree with these terms (or the Privacy doc), do not use our site or services, or create an account.
  • If you continue to use our services after we make any changes to this agreement, you are acknowledging and accepting any and all new changes to the agreement.
  • By using our services, you also agree to receive this agreement in electronic form. You can always withdraw your consent, but you need to stop using our services immediately.
  • From time to time, we may offer new services or features or revise any existing services at our sole discretion, and this agreement will apply to those as well. We can also stop offering any services at any time.
  • These terms supersede all prior or contemporaneous communications, proposals (whether spoken, written or electronic) between you and us.
  • If you choose to execute any proposal or contract with us as a result of using of this site (which we would love), then the provisions of that proposal or contract, to the extent they different from these terms, will prevail.

Disclaimers

The world wide web changes fast and we can’t guarantee everything, so you understand that:

  • We do not guarantee search engine rankings or any form of digital marketing success (although we do our very best to help you achieve it).
  • Our ideas, recommendations or consultative opinions are meant to help you rank organically in search engines. We obviously do not advocate any ‘black hat’ (i.e. shady) activities and you should always follow the guidelines provided by each search engine.
  •  We do not (and cannot) guarantee continuous, uninterrupted or secure access to the site or services.
  • We do not have control over how our content will affect you, how you interpret it or what actions you take as a result of exposure.
  • We are not liable for the content, comments, opinions, offers or any information made on other websites (‘linked’ sites) accessed through the services – the internet can be a nefarious place so we always recommend you understand these risks before interacting with any linked website.
  • We are not liable or responsible for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our site or services.
  • We will never be responsible for any damage whatsoever for your reliance on any content or information posted, shared, transmitted or otherwise communicated to or by other users or linked sites.
  • ALL SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, SAFE, CONTINUOUS, MISTAKE FREE OR WILL MEET YOUR EXPECTATIONS, OR THAT ANY FLAWS IN THE SERVICES WILL BE FIXED. YOU RELEASE US FROM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE ACCESSIBILITY AND AVAILABILITY OF THE SERVICES.

Limited Liability

  • TOP AEO’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OUR SERVICES, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE 6 MONTHS PRECEDING YOUR CLAIM. NOTWITHSTANDING ANY LAW TO THE CONTRARY, YOU AGREE THAT, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR OR SUCH CLAIM WILL BE FOREVER PROHIBITED.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOP AEO, ITS AFFILIATES, PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE WHATSOEVER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TOP AEO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • You agree to indemnify and hold us and any of our subsidiaries or employees, harmless from any loss, liability, claims, damages and expenses, including attorneys’ fees, arising from or related to Top AEO.
  • If you violate this agreement whatsoever or expose us to possible legal liability, we can deactivate or shut down your account at our sole discretion at any time. We will notify you by email.
  • If we deactivate or shut down your account, you agree all fees paid to us are non-refundable and all outstanding payments are due immediately.

Arbitration

Fighting is not cool and we always prefer to resolve disputes in the most cordial way possible, so you agree:

  • You will first attempt to contact us first if you have a dispute so we can attempt to settle it peacefully and informally.
  • Any distributes arising from your use of our services, this agreement or anything associated with us whatsoever (a ‘Dispute’) will be bound by FINAL AND BINDING ARBITRATION.
  • Any decisions by an arbitrator are enforceable in court and can be overturned by a court but only in very rare circumstances.
  • You agree that we both give up our legal right to go to court for any dispute and our dispute will not be settled by judge or jury but by a neutral arbitrator. You give up your right to participate in a class action or any other class proceedings.
  • Claims of infringement or violation of our intellectual property or any proprietary rights are not subject to this agreement to arbitrate disputes and we can settle a dispute by other means.
  • Any enforcement proceeding of this arbitration agreement can be brought in any court of competent jurisdiction.
  • The successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.
  • Any litigation against Top AEO (excluding small-claims court actions) can be brought only in the federal or state courts located in Baldwin County, Alabama. You agree to the jurisdiction of those courts for such purposes.
  • Any dispute between you and Top AEO can only be settled by an arbitration governed by the laws of the state of Alabama and the Federal Arbitration Act.
  • You must file any dispute within 1 year from the event arising such dispute regardless of any conflicting law and to the maximum extent permitted by applicable law. If you do not file a dispute within 1 year, your claim is waived and forever barred.