Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

GENERAL

This web site is owned by Topbox Inc., with principal offices at 53B Tycos Dr, North York, ON, M6B 1W3 (Topbox Circle). Access and use of Topbox Circle are subject to the Topbox Privacy Policy and the terms and conditions below (“Terms and Conditions”).

We reserve the right to change these Terms and Conditions from time to time by updating this posting. Please check these Terms and Conditions periodically for changes. Your continued use of Topbox Circle following the posting of changes to these Terms and Conditions will mean you accept those changes.

CONSENT

By using this web site you agree to the terms and conditions set out below. Information provided on this web site is provided for Canadian and USA residents only. Topbox Circle makes no representations that the material is appropriate for residents of other jurisdictions. Any product or merchandise referred to in this web site is only intended for the Canadian market. Topbox Circle makes no representations that these products or merchandise are available anywhere outside of Canada and USA or are legal for sale in any jurisdiction outside of Canada and the USA.

Any items you receive as part of a Topbox Circle promotion (e.g. free products, discounts, prizes, etc.) are NOT FOR RESALE. All products a Member receives from Topbox Marketing are meant only for the recipient to test, unless otherwise noted, as in the case where recipients are meant to share with a family Member or friend or asked to hold a giveaway. In the case that a Member is unable to use a product, he or she may pass along to a friend. In no case is it acceptable for any Member to resell a product received through a Topbox Circle either online or offline. If a Member is found to be exchanging products received via Topbox Marketing for cash, their membership will be terminated immediately.

NO ENDORSEMENT

No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this web site. Topbox Circle is not responsible for the content of any other web site whether or not it is linked from or to this site.

TRADEMARKS

Certain other trade -marks and trade names relating to brand names of other products and services mentioned in this web site are the trademarks and trade names of their respective owners.

PERMITTED USE

All content which forms part of this website is the property of or licensed to Topbox Circle You are authorized to copy material on one computer for your personal, non–commercial use only, or e–mail the information to a person who you feel may be interested in the content, provided that any copy of this material retains all copyright, disclaimer or other proprietary notices on it. Any other copying of this web site in whole or in part or any modification of any material is prohibited and violates Topbox Circle’s and its licensors intellectual property rights.

Nothing in this web site should be construed as granting any other right or license to any intellectual property of Topbox Circle, its licensors or any third party. You may not make any commercial use of any material from this web site, include such material in any product you make or distribute, or copy such material onto any other web site.

ACCEPTABLE USE POLICY FOR YOUR RATINGS, REVIEWS, COMMENTS AND COMMUNICATIONS

Comments, ratings, reviews and communications (collectively, “Postings”) entered by users on any part of Topbox Circle are the responsibility of the user entering the Postings. Topbox Circle HAS NO RESPONSIBILITY FOR POSTINGS. However, Topbox Circle retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete any Postings which Topbox Circle deems to be illegal, offensive or otherwise inappropriate.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information. YOU AGREE TO INDEMNIFY Topbox Circle FROM ANY DAMAGES, LOSSES, COSTS OR EXPENSES WHICH Topbox Circle, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND AUTHORIZED REPRESENTATIVES MAY INCUR AS A RESULT OF POSTINGS.

By contributing Postings to Topbox Circle, you give (or warrant that the owner of such rights has expressly given) to Topbox Circle and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Postings. You further agree that Topbox Circle is free to use any ideas, concepts, know-how, or technique contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

LIMITATION OF LIABILITY

Topbox Circle and its affiliates (collectively, "Affiliates") shall not be liable for any damages or injuries whatsoever arising out of or relating to the use of this web site or any web site linked to this web site, whether or not such damages or injuries might be foreseeable and whether or not Topbox Circle or its Affiliates have been negligent.

TO THE FULLEST EXTENT PERMITTED BY LAW, TOPBOX CIRCLE IS PROVIDING TOPBOX CIRCLE "AS IS" AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH TOPBOX CIRCLE, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. TOPBOX CIRCLE DOES NOT WARRANT THAT THE FUNCTION OF TOPBOX CIRCLE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TOPBOX CIRCLE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOPBOX CIRCLE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF TOPBOX CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF TOPBOX CIRCLE, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL TOPBOX CIRCLE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.

NO WARRANTY

The content of this web site is provided for general information only. Although Topbox Circle will try to ensure that this web site is current and does not contain inaccuracies, Topbox Circle does not warrant the quality, accuracy or completeness of any information available on this web site. The material may contain inaccuracies or typographical errors. The material is provided "as is". Topbox Circle does not make any warranties, whether expressed or implied, respecting any information, services or products described in or offered from this web site.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or Topbox Circle shall be filed only in the provincial or federal courts located in Ontario and you hereby submit to the nonexclusive jurisdiction of such courts. If any provision of these Terms and Conditions shall be void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter hereof.