USE OF OUR SERVICE
Top Tier Gifts is an online marketplace that allows individual users and groups to purchase curated gifts or create custom gifts. By using the Top Tier Gifts website and service, you understand that (i) you are buying directly from Top Tier Gifts.
Top Tier Gifts users create accounts for the purposes of accessing the service, and making purchases through the Top Tier Gifts website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.
We provide curated gifts for people of all ages, but Top Tier Gifts does not knowingly collect personally identifiable information from children under the age of thirteen. You must be at least 13 years of age to use the Top Tier Gifts website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 13 years of age and you understand and agree to these Terms; (b) if you are between the ages of 13 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Top Tier Gifts website and service is in compliance with all applicable laws and regulations. If you are using the Service
on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Collecting your personal information
During your registration process, Top Tier Gifts may collect personally identifiable information, such as your name and email. If you purchase Top Tier Gifts products and services, we may also collect from you billing and credit card information, which billing and credit card information are used to complete the purchase transaction. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data directly to others through the Top Tier Gifts group gifting service, this information may be collected and used by others.
Information about your computer hardware and software may be automatically collected by Top Tier Gifts. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Top Tier Gifts website.
We encourage you to review the privacy statements of websites you choose to link to from Top Tier Gifts so that you can understand how those websites collect, use and share your information. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. Top Tier Gifts is not responsible for the privacy statements or other content on websites outside of the Top Tier Gifts website.
Using your personal information
Top Tier Gifts collects and uses your personal information to operate its website(s) and deliver the services you have requested. Top Tier Gifts may also use your personally identifiable information to inform you of other products or services available from Top Tier Gifts and its partners. Top Tier Gifts may also
contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Top Tier Gifts may keep track of the websites and pages our users visit within Top Tier Gifts. This data is used to deliver customized content and advertising within Top Tier Gifts to customers whose behavior indicates that they are interested in a particular subject area.
Top Tier Gifts will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Top Tier Gifts or the site; (b) protect and defend the rights or property of Top Tier Gifts; and, (c) act under exigent circumstances to protect the personal safety of users of Top Tier Gifts, or the public.
www.TopTierGifts.com may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. They cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Top Tier Gifts services or websites you visit.
Top Tier Gifts may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect data that helps to improve the functionality of our websites for our customers. By visiting our website you acknowledge that you accept and consent to our privacy practices as well as those of Google Analytics.
About Google Analytics
cookies by selecting the appropriate settings on your browser, however please note that you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data by Google for the purposes set out above. In addition, Top Tier Gifts may use Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show advertisements by Top Tier Gifts across the web, using first-party cookies (such as the Google Analytics cookie) to inform, optimize, and serve ads based on a customer’s past visits to our website.
Top Tier Gifts takes all possible precautions to secure your personal and billing information from unauthorized access, use or disclosure, however, we cannot guarantee the ultimate impenetrability of our security measures. You acknowledge that you provide your personal information at your own risk. We do not sell, rent or lease our customer lists to affiliates or unauthorized third parties.
OPT-OUT & UNSUBSCRIBE
Top Tier Gifts understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Top Tier Gifts by contacting us here: firstname.lastname@example.org.
PURCHASES AND PAYMENT
If you wish to purchase any product or service made available through the Top Tier Gifts website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.
The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties
We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Top Tier Gifts will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.
You agree to defend, indemnify and hold harmless Top Tier Gifts and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Top Tier Gifts website.
LIMITATION OF LIABILITY
In no event shall Top Tier Gifts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMERS; NO WARRANTIES
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOP TIER GIFTS DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TOP TIER GIFTS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING TOP TIER GIFTS OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.
These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Top Tier Gifts agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Snohomish County, Washington for the purpose of litigating any dispute. We operate the service from our offices in Washington, and we make no representation that the service offered is appropriate or available for use in other locations.
QUESTIONS OR COMMENTS
Top Tier Gifts welcomes your questions or comments regarding these Terms. If you believe that Top Tier Gifts has not adhered to these Terms, please contact us.
Our Site is maintained in the United States. By using the site, you authorize the export of personal information to the United States and its storage and use as specified in this policy.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Top Tier Gifts in the most expedient and cost-effective manner, you and Top Tier Gifts agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOP TIER GIFTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Top Tier Gifts will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively,
“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Top Tier Gifts.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Top Tier Gifts’s address for Notice is:
Top Tier Gifts
19225 Damson Rd. H1 Lynnwood, WA 98036
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Top Tier Gifts may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Top Tier Gifts must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Top Tier Gifts will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Top Tier Gifts in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
If you commence arbitration in accordance with these Terms, Top Tier Gifts will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Top Tier Gifts for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND TOP TIER GIFTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Top Tier Gifts agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If Top Tier Gifts makes any future change to this arbitration provision, other than a change to Top Tier Gifts’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Top Tier Gifts’s address for Notice, in which case your account with Top Tier Gifts will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.]
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, California Civil Code Section 1789.3 allows You to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
These Terms are effective and were last updated on November 8, 2020
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