Terms of Service

Top Nutritions™ Terms of Service

Effective Date: August 11, 2024

Welcome to Top Nutritions™. This website is operated by Top Nutritions™. Throughout the site, the terms “we”, “us”, and “our” refer to Top Nutritions™. By accessing and using our website www.topnutritions.com (the “Site”), and purchasing our products, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”, “Terms of Service”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Table of Contents

Use of Website
General Conditions
Product Information and Health Disclaimer
Modifications to the Service and Prices
Products and Services
Ordering and Payment
Accuracy of Billing and Account Information
Optional Tools
Third-Party Links
User Comments, Feedback, and Other Submissions
Personal Information
Errors, Inaccuracies, and Omissions
Prohibited Uses
Intellectual Property Rights
Disclaimer of Warranties; Limitation of Liability
Indemnification
Severability
Termination
Entire Agreement
Governing Law and Jurisdiction
Changes to Terms of Service
Dispute Resolution and Arbitration
Returns and Refunds
Medical Disclaimer
Contact Information

1. Use of Website

By accessing our Site, you agree to use it only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
To submit false or misleading information.
To upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
To collect or track the personal information of others without their explicit consent.
To spam, phish, pharm, pretext, spider, crawl, or scrape.
To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
To use automated systems, including but not limited to bots, scrapers, or crawlers, to access the website in a manner that sends more request messages to our servers than a human could reasonably produce in the same period.
To attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to the website through hacking, password mining, or any other means.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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 involve transmissions over various networks and changes to conform and adapt to 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 portion 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Product Information and Health Disclaimer

Product Information

We strive to provide accurate and up-to-date information regarding our products and services, including descriptions, pricing, and availability. However, errors, inaccuracies, or omissions may occur.
We do not warrant that product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability are accurate, complete, reliable, current, or error-free.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Product images are for illustrative purposes only, and the actual product may vary.

Health Disclaimer

The products sold on our website, including nutritional supplements, coffee, tea, and other related items, are not intended to diagnose, treat, cure, or prevent any disease.
The information provided on our website is for informational purposes only and should not be construed as medical advice.
Always consult with a qualified healthcare provider before starting any diet, exercise, or supplementation program, especially if you are pregnant, nursing, have a medical condition, or are taking any medication.
Use of our products should be based on your own due diligence and you agree that we are not liable for any health-related issues that may arise from their use.

4. Modifications to the Service and Prices

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

5. Products and Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

6. Ordering and Payment

By placing an order, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
All payments must be made through the available payment methods on our website.
We reserve the right to refuse or cancel any order you place with us. This may include orders that appear to be placed by dealers, resellers, or distributors.
In the event of a canceled order due to incorrect pricing or other issues, we will notify you via the contact information provided and issue a refund for the amount charged.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

7. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

8. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

10. User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to:
Maintain any comments in confidence.
Pay compensation for any comments.
Respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

11. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.
By using our website, you consent to the collection and use of information as outlined in the Privacy Policy.

12. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

13. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

For any unlawful purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on protected characteristics.
To submit false or misleading information.
To upload or transmit viruses or any other type of malicious code.
To collect or track the personal information of others without consent.
To spam, phish, pharm, pretext, spider, crawl, or scrape.
For any obscene or immoral purpose.
To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Intellectual Property Rights

All content on our Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Top Nutritions™ or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The compilation of all content on this Site is the exclusive property of Top Nutritions™ and protected by applicable laws.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

15. Disclaimer of Warranties; Limitation of Liability

Disclaimer of Warranties:

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 the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.

Limitation of Liability:

In no case shall Top Nutritions™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Top Nutritions™ and our 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 out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

17. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination

These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

19. Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.
This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles.
Any legal action or proceeding arising under these Terms of Service will be brought exclusively in the state or federal courts located in Nevada, and you hereby consent to the jurisdiction of such courts.

California Residents: If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for more information about how we collect, use, and disclose personal information.

21. Changes to 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. Dispute Resolution and Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, the use of our website, or the purchase of products, the parties agree to first attempt to resolve the dispute informally by contacting us at info@topnutritions.com.
If the dispute is not resolved through informal negotiations, it shall be resolved through binding arbitration in Nevada, in accordance with the rules of the American Arbitration Association.
The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
The parties agree to bear their own legal fees and costs related to the arbitration.

California Residents: Notwithstanding the above, California residents may bring claims in their home state under California law.

23. Returns and Refunds

We want you to be satisfied with your purchase. If you are not satisfied with your product, please refer to our Returns and Refunds Policy for details on how to return or exchange an item.
This policy is incorporated by reference into these Terms of Service. In case of any conflict between the terms of the Returns and Refunds Policy and these Terms of Service, the terms of the Returns and Refunds Policy will prevail.
Supplement and Food Products: Due to the nature of nutritional supplements, food, and beverage products, only unopened and unused items in their original packaging may be eligible for return or exchange. Please review our Returns and Refunds Policy for detailed information.

24. Medical Disclaimer

The statements on this Site have not been evaluated by the Food and Drug Administration (FDA).
Our products are not intended to diagnose, treat, cure, or prevent any disease.
The information and content provided on this website are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

25. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: info@topnutritions.com

Thank you for choosing Top Nutritions™. We appreciate your business and are committed to providing you with high-quality products and services.