Terms of Service

Reading and accepting the following terms of service, as they are periodically updated, are required before you may begin or continue to interact with this website. Your use of this website for any purpose other than to read the terms of service is considered as your full consent to all provisions of the most current version of these terms of service.

  • Definitions
  • General Provisions
  • Refunds
  • Shipping
  • Third Party Beneficiaries
  • Limitation of Liability
  • Indemnity
  • Representations and Warranties
  • Breach, Revocation and Cancellation
  • Sever-ability
  • Governing Law
  • Exclusive Venue
  • Dispute Fees and Costs
  • Comment Rules

1. Definitions

 

  • 1.1. “Agreement” means the most current version of these terms of service.
  • 1.2. “Licensed Materials” means our intellectual property, including but not limited to; our logos, trade names, service marks, trademarks and trade dress.
  • 1.3. “Profile” means your information, including but not limited to; your legal name, address, telephone, fax and/or email.
  • 1.4. “Product” means each and every product we offer.
  • 1.5. “Website” means ToobTop.net and all other Uniform Resource Identifiers we use to provide our Products.
  • 1.6. “System” means all of our software and hardware, whether owned, leased or otherwise contracted.
  • 1.7. “We,” “us,” and “our” means Sundamentals, LLC, an Arizona limited liability company.
  • 1.8. “You,” “your,” and “yourself” means any person, organization or business entity that seeks to use our Products or Website, as well as their agents, assigns and/or successors.
  • 1.9. “Submitted Content” means any digital or physical or tangible thing uploaded or physically sent by you to Us or our Website.

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2. General Provisions

 

  • 2.1. Please direct any questions not answered by reading this Agreement to us at info@ToobTop.net.
  • 2.2. You may not utilize our Products or Website if you are under fourteen (14) years of age or are otherwise incapable of reading these terms of service.
  • 2.3. Before you may use our Website, you must;
  • 2.4. read, agree to comply with this Agreement and
  • 2.5. understand and accept that this Agreement;
    • 2.5.1. takes effect the moment you access the Website,
    • 2.5.2. may only be amended or modified by us, unless we agree otherwise in writing with you,
    • 2.5.3. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Website and your continued use of our System and Website shall be irrefutable proof of your consent to the most current version of this Agreement,
    • 2.5.4. is the entire and only agreement between you and us,
    • 2.5.5. contains all terms of service of your relationship with us and your use of our System and Website and
    • 2.5.6. shall only terminate under the conditions provided for herein.
  • 2.6. This Agreement shall in no way create an agency, employee/employer, franchise or franchisee, joint enterprise, joint venture or partnership relationship between you and us.
  • 2.7. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
  • 2.8. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you;
  • 2.9. use your personal information to collect all pending and applicable fees and other amounts due,
    • 2.9.0. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement and
    • 2.9.1. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
    • 2.9.2. Unless otherwise provided herein, you agree that;
    • 2.9.3. all notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
    • 2.9.4. all notices from you to us shall be:
      • 2.9.4.1. emailed to us at info@ToobTop.net

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3. Refunds

 

  • 3.1. No payments, whether purchases or donations, shall be refunded after 30 days or without original receipt and all sales are final unless otherwise arranged.
  • 3.2. You shall not charge back any payments to us, unless you have been the victim of identity theft and provide us with a valid police report.
  • 3.3. Except for confirmed manufacturer defects, you are responsible for all freight and shipping charges as well as a restocking fee of 15% of the sale price, for unaccepted or refused delivery shipments.

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4. Shipping

 

  • 4.1. Shipping Methods: We highly recommend that you choose UPS for the shipping method. UPS provides tracking information for all orders and insurance for lost or damaged packages. If you choose another method of shipping, you hereby accept all liability for lost or damaged orders. We will not and cannot do anything for lost or damaged orders that were not sent via UPS.
  • 4.2. Shipping: Shipping charges are nonrefundable. You are responsible for all freight charges for refused shipments and they will be added to the invoice total. Freight/insurance costs are prepaid. All items are shipped via USPS or UPS. Items will be shipped within one week of receipt of order, though generally much sooner. Out of stock items will be shipped according to availability of product. Dimensions/oversize weights are applied to freight charges when applicable.
  • 4.3. Backorders: If your order contains a pre-ordered item or a back-ordered item, the entire order will ship once all items are in stock. If you would like to have a partial order shipped immediately and are willing to pay an additional shipping charge, please contact our offices atinfo@ToobTop.net.
  • 4.4. Damage/Loss: All claims for damage/pilferage must be filed by you with the delivering carrier. We cannot file these for you. All claims for incorrect shipments/billing must be made within 10 days of receipt. In the event of a faulty product, meaning the manufacturer has confirmed the defect, we will request that you return the product, after which we will ship out a replacement product.
  • 4.5. For Products shipped within the State of Arizona, applicable sales taxes are automatically applied to the purchase total and must be paid as part of the total purchase amount. You alone are responsible for sales taxes due outside the State of Arizona.

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5. Third Party Beneficiaries

 

There shall be no third party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.

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6. Limitation of Liability

 

  • 6.1. You agree that we will not be liable for any harm or loss that may occur in connection with;
    • 6.1.2. any act or omission by you or your agent, whether authorized or unauthorized,
    • 6.1.3. your use or inability to use our Services,
    • 6.1.4. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party,
    • 6.1.5. access delays or access interruptions to our Services,
    • 6.1.6. the failure to deliver or erroneous delivery of information,
    • 6.1.7. any breach of contract you have with a third party (such as an employer),
    • 6.1.8. any breach of a 3rd party’s intellectual property as a result of information posted by you,
    • 6.1.9. your failure to pay us any applicable due payment,
    • 6.1.9.1 the actions, orders and judgments of administrative, judicial and other governmental bodies.
  • 6.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to; hurricanes, fires, floods, storms, explosions, “acts of God” or death.
  • 6.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to; lost profits, goodwill, use or other intangibles whether in contract, tort or negligence even if you/we are aware of the possibility or probability of such damages.
  • 6.4. If a competent court deems us liable to you, our maximum possible liability to you for any reason shall not exceed $100.

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7. Indemnity

 

  • 7.1. You agree to defend, indemnify and hold us and our members, officers, employees, affiliates and agents harmless from and against any and all liabilities, losses, damages or costs including all attorneys’ fees, collection fees and court costs related to any demand or litigation in any way related to;
    • 7.1.1. your use of our services,
    • 7.1.2. your breach of this Agreement,
    • 7.1.3. inaccurate or fraudulent information provided by you or a third party,
    • 7.1.4. the cancellation or limitation of your ability to use our system and services including but not limited to our Website or
    • 7.1.5. infringement of any third party rights arising from your use of our system or services.

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8. Representations and Warranties

 

  • 8.1. you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials,
  • 8.2. you have not entered into this Agreement and will not enter into any additional agreements with us in bad faith and
  • 8.3. We make no representations or warranties of any kind in connection with this Agreement.
  • 8.4. With regard to the Website and our Services;
    • 8.4.1 We expressly disclaim all warranties, express or implied, including, but not limited to; the implied warranties of merchant-ability and fitness for a particular purpose.
    • 8.4.2. We do not warrant that our Services will meet your requirements, be uninterrupted or error free.
    • 8.4.3. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
  • 8.5. You agree that;
    • 8.5.1. you use the Website and our Products and Services at your own risk,
    • 8.5.2. you use the Website and our Products and Services on an “as is” and “as available” basis and at your own risk and discretion,
    • 8.5.3. you alone are responsible for any damage to your property or loss thereof in any way related to your use of the Website or our Products,
    • 8.5.4. neither we nor our members, officers, employees or agents shall have any liability to you and
    • 8.5.5. no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Agreement.

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9. Breach, Revocation and Cancellation

 

  • 9.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and System.
  • 9.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
    • 9.2.3. In the event we determine that you have or continue to violate this Agreement;
    • 9.2.4. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Services and System and
    • 9.2.5. You will also be subject to legal ($200 per hour), administrative ($75 per hour) and technical ($150 per hour) fees in a reasonable amount for damages incurred by us for any violations of this Agreement.

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10. Sever-ability

 

  • 10.1. In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.

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11. Governing Law

 

  • 11.1. This Agreement shall be governed by the federal laws of the United States and the laws of the State of Arizona, without regard to any conflict of laws provisions.

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12. Exclusive Venue

 

  • 12.1. Any actions relating to or arising out of this Agreement or any use of our Website or Services that include us as a party shall be brought exclusively in the federal and state courts for Maricopa County, Phoenix, Arizona and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
  • 12.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and Maricopa County, Phoenix, Arizona.

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13. Dispute Related Fees and Costs

 

  • 13.1. If we reasonably decide to retain an attorney or a collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.

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14. Comment Rules

 

By using this Website, you agree to the following when making a comment;

  • 14.1. You will stay on topic
  • 14.2. You will not spam (spam is flooding the Internet with unnecessary or out of topic comments)
  • 14.3. You will not include links to websites and videos not associated with the topic
  • 14.4. You will not post the same comment multiple times on the same of different articles
  • 14.5. You will not solicit anyone to buy or sell products, services or to make donations of any kind. You will not include links to products in your status updates, comments, articles or groups
  • 14.6. You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another’s privacy, hateful, racially, ethnically objectionable or otherwise illegal.
  • 14.7. You will not make threats to other users or people not associated with the Website
  • 14.8. If you violate these rules, your comment(s) will be deleted
  • 14.9. We may review and delete any content you post on the Website or elsewhere utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of others, is not appropriate for the Website or otherwise violates this Agreement.

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