Terms Of Use

User Information and Content

Email Communications. When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing. User Content. From time to time, you may have the opportunity to post certain information, data, photographs, graphics, videos messages or other materials, including but not limited to, comments on our products, testimonials or other opinions. Subject to our Privacy Policy, any content that you post on the Site will be treated as non-confidential and non-proprietary to you, and may be viewed by you and other users of the Site, and you hereby grant to Toppik and its affiliates, the royalty-free, unrestricted, worldwide, perpetual, irrevocable and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of and/or post such content (in whole or in part) and incorporate it in other works in any media, form or technology now or later developed for any purposes. You agree that you are the sole owner of the content. You acknowledge and agree that any content that you or any other user posts on the Site will be posted, viewed and/or used by you at your own discretion and risk. We make no guarantee regarding the accuracy or completeness of any content posted by a user of the Site. We reserve the right (but have no obligation), at our sole discretion, to modify, refuse or remove any user content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate or objectionable.

Site Security and Prohibited Actions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Disclaimer of Warranties and Limitation of Liability

NEITHER TOPPIK NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT CONTENT OR INFORMATION ON THE SITE IS ACCURATE OR RELIABLE, AS TO THE QUALITY OF ANY PRODUCTS DESCRIBED ON THE SITE, OR THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PHYSICIAN. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT TOPPIK AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPPIK, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF TOPPIK HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, IN SUCH STATES OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Toppik, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by you of these Terms of Use. Governing Law This Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Miscellaneous If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Toppik reserves the right to alter or delete materials from this Site at any time and at its own discretion.



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