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Terms Of Use

OVERVIEW

This website is operated by TopElitePick. Throughout the site, the terms “we,” “us,” and “our” refer to TopElitePick. TopElitePick offers this website, including all information, tools, and Services available on this site, to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continuing to use or access the website after any changes are posted means you accept those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that lets us sell our products and Services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given consent for any of your minor dependents to use this site.

You may not use our products for any unlawful or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service (including but not limited to copyright laws).

You must not transmit any worms, viruses, or destructive code.

Breaching or violating any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for any inaccuracy, incompleteness, or lack of currency in the information available on this site. The material on this site is provided for general information only and should not be relied on or used as the sole basis for decisions without consulting primary sources that are more accurate, complete, or current. Any reliance on the material on this site is at your own risk.

This site may include certain historical information, which is provided for reference only and is not necessarily current. We reserve the right to modify the site’s contents at any time, but we have no obligation to update any information on the site. You are responsible for monitoring changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Some products or Services may be available only online through the website and may be limited in quantity, subject to return or exchange only under our Refund Policy: [LINK TO REFUND POLICY]

We’ve made every effort to display our products’ colors and images as accurately as possible, but we cannot guarantee that your monitor will display colors accurately.

We reserve the right, though we’re not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction, which we may do on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services we offer. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion, and we may discontinue any product at any time. Any offer for a product or Service on this site is void where prohibited.

We do not guarantee that the quality of any products, Services, information, or other material you purchase or obtain will meet your expectations, or that any Service errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed under the same customer account, credit card, and/or billing or shipping address. If we change or cancel an order, we may try to notify you using the email and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to come from dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account details for all purchases made in our store, and to promptly update your account information, including email address and credit card details, so we can process your transactions and reach you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 – OPTIONAL TOOLS

We may give you access to third-party tools that we neither monitor nor control.
You acknowledge that we provide access to such tools “as is” and “as available,” without any warranties, representations, or endorsement of any kind. We are not liable for anything arising from your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk, and you’re responsible for reviewing and understanding the terms set by the relevant third-party provider(s).

We may offer new Services and/or features through the website in the future, including new tools and resources, which will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, and Services available through our Service may include materials from third parties.

Third-party links on this site may take you to third-party websites unaffiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we have no liability for any third-party materials, websites, products, or Services.

We are not liable for any harm or damages related to purchasing or using goods, Services, resources, content, or other transactions connected with third-party websites. Please carefully review any third party’s policies and practices before engaging in a transaction with them. Direct any complaints, claims, or questions about third-party products to that third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us specific submissions at our request (such as contest entries), or send us creative ideas, suggestions, proposals, plans, or other materials on your own initiative — whether online, by email, by mail, or otherwise (collectively, “comments”) — you agree that we may edit, copy, publish, distribute, translate, and otherwise use those comments in any medium, at any time, without restriction. We are under no obligation to (1) keep any comments confidential, (2) pay you for any comments, or (3) respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of someone’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not include unlawful, libelous, abusive, or obscene material, nor any virus or malware that could affect the operation of the Service or related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of your comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Any personal information you submit through the store is governed by our Privacy Policy, available here: [LINK TO PRIVACY POLICY]

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Our site or Service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors and to change, update, or cancel orders if information on the Service or related website is inaccurate, at any time and without prior notice, even after you’ve submitted your order.

We have no obligation to update, amend, or clarify information on the Service or related website, including pricing information, except where required by law. No specific update or refresh date on the Service or related website should be taken to mean that all information has been updated or modified.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions in these Terms of Service, you may not use the site or its content: (a) for any unlawful purpose; (b) to encourage others to perform or take part in unlawful acts; (c) to violate any international, federal, provincial, state, or local laws or regulations; (d) to infringe on our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code that could affect the functioning of the Service, related website, other websites, or the Internet; (h) to collect or track others’ personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service, related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or related website if you violate any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that results obtained from using the Service will be accurate or reliable.

You agree that we may remove the Service for periods of time or cancel it entirely, at any time, without notice.

You expressly agree that your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and Services delivered through it are provided “as is” and “as available,” without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

Under no circumstances will TopElitePick, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products obtained through it, or related to any errors or omissions in content, or any loss or damage from using the Service or content made available through it, even if we’ve been advised of the possibility of such damages. Because some jurisdictions don’t allow excluding or limiting liability for consequential or incidental damages, our liability in those jurisdictions will be limited to the maximum extent the law permits.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TopElitePick and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand — including reasonable attorneys’ fees — made by any third party due to or arising from your breach of these Terms of Service or any documents they reference, or your violation of any law or third party’s rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent the law allows, and the unenforceable part will be considered separate from these Terms, without affecting the validity of the remaining provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred by either party before termination will survive the termination of this agreement.

These Terms of Service remain in effect until terminated by you or us. You may end these Terms at any time by telling us you no longer want to use our Services, or simply by stopping your use of our site.

If we determine, at our sole discretion, that you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice. You will remain responsible for all amounts due up to the termination date, and we may deny you access to our Services (or any part of them).

SECTION 17 – ENTIRE AGREEMENT

If we don’t exercise or enforce any right or provision of these Terms of Service, that does not mean we’ve waived that right or provision.

These Terms of Service, along with any policies or operating rules we post on this site or in connection with the Service, make up the entire agreement between you and us regarding your use of the Service, replacing any earlier agreements, communications, or proposals, whether spoken or written, between you and us (including earlier versions of these Terms of Service).

Any ambiguity in interpreting these Terms will not be held against whichever party drafted them.

SECTION 18 – GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide you Services, are governed by and interpreted according to the laws of Hong Kong.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms by posting updates on our website. You’re responsible for checking our website periodically for changes. Continuing to use or access our website or Service after any changes are posted means you accept those changes.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us via our contact page.
Our contact information is listed below:
TopElitePick