TERMS AND CONDITIONS
If you do not agree with the Terms or are ineligible to use our Service, please immediately discontinue use of the Service.
We do not sell products to persons under the age of 21 or to anyone else if prohibited by United States law. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least twenty-one (21) years old (ii) that you have not previously been suspended, removed or deactivated from the Service, and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
- Incorporated Terms/Agreements.
- End User License Agreement.
Your use of any app or downloadable software we may provide (each, an “app”) may be subject to an End User License Agreement. All such End User License Agreements are hereby incorporated into and made part of the Terms by reference.
- Additional Terms.
Your use of our Service is subject to any additional terms, rules, or guidelines which we may post from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into and made a part of the Terms.
- Modification of the Terms.
We reserve the right in our sole discretion to modify any Terms at any time. Continued use of the Service after the changes become effective constitutes your binding acceptance of those changes. If you do not agree with any modified or additional Terms, please immediately discontinue use of the Service. Any disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose.
- Prohibited Conduct.
BY USING THIS SERVICE, YOU AGREE NOT TO:
- Submit via the Service any information that is false, inaccurate, fabricated, counterfeited, tampered with, or otherwise artificial or inauthentic for the purpose of seeking to redeem offers with Top Ten;
- Redeem, or attempt to redeem, Top Ten offers for products that have not actually been purchased and retained or for products that have been purchased but returned to a store following purchase;
- Extract information from Top Ten’s Service for the purpose of using said information in conjunction with another service, web or mobile application;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
- Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- Modify, adapt, translate or create derivative work based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
- Intentionally interfere with or damage the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Termination of Use; Discontinuation and Modification of the Service.
If you engage in Prohibited Conduct, violate any of the Terms, or violate any law we reserve the right to immediately terminate your permission to use the Service. You also agree that Top Ten has the unequivocal right, at any time, and without notice, to suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever as a result of any change to the Service or any suspension or revocation of your access to or use of the Service.
- Accounts and Registration.
When you register for an account, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account including unauthorized purchases or point redemptions.
Top Ten makes available through the Service certain offers related to products and services (each an “Offer”). Some Offers are available to all Top Ten customers and some Offers are available to Top Ten’s Rewards Members only. Each Offer may be subject to Additional Terms and may be discontinued or modified by Top Ten at any time and without any liability to us.
- Top Ten Rewards Program.
a. General. Top Ten Rewards Members are able to accumulate rewards points (“Points”) by engaging in various purchasing related activities. Points are recorded in each Rewards Member’s account and are at times and in Top Ten’s sole discretion redeemable for certain products or services. At any time and in Top Ten’s sole discretion, Top Ten may: (i) determine whether or not you are eligible to redeem earned Points; (ii) determine whether or not you have earned Points; or (iii) adjust your Points total. PRIOR TO REDEMPTION, ALL POINTS SHALL REMAIN THE SOLE PROPERTY OF TOP TEN LIQUORS.
b. Enrollment. Participation in the Program and the benefits of the Program are offered at the sole discretion of Top Ten Liquors. To be eligible to enroll in the Program, you must be at least 21 years old and have provided an active email address and phone number. Your Rewards Account will be linked by your phone number.
c. Communication. By enrolling in the Top Ten Rewards Program, you are giving Top Ten Liquors permission to send you periodic communications about the Program and promotional messages via the email address and phone number you provided.
d. Unredeemed Points. Once you have accumulated the required amount of Points in your Rewards Account, you may elect to redeem your Points via one or more of the available redeemable options as shown on the Service. If you elect to close your Rewards Account, or your account is terminated by Top Ten for any reason and you have unredeemed Points, you will be forfeiting any right to those amounts and thus any unredeemed potential Rewards.
- Digital Millennium Copyright Act.
DMCA Notification. We comply with the provisions of the DMCA applicable to internet service providers (17 U.S.C. Section 512, as amended). If you have any complaints or objections to material posted on the Service, you may contact our Designated Agent at the following address:
Top Ten Liquors
575 SE 9th Street
Minneapolis, MN 55414
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of the material that you claim is infringing and where it is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Third Party Services and Websites.
This Service may contain links and references to third-party websites and/or resources. These links are provided for your convenience and are not under our control. We are not responsible for the contents or use of the third-party service. If you choose to leave the Top Ten Service and use these links, you do so at your own risk and Top Ten will have no liability to you for use of those websites. The links do not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third-party services or websites.
- Ownership; Proprietary Rights.
The Service is owned and operated by Top Ten. Except as expressly authorized by Top Ten, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any materials or content.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Top Ten and its members, officers, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) or any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Disclaimer of Warranties.
YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED. TOP TEN SPECIFICALLY AND WITHOUT LIMITATION DISCLAIMS (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (iii) ANY WARRANTIES REGARDING ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOP TEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELATED TO THE SERVICES WHETHER OR NOT TOP TEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF TOP TEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO TOP TEN GIVING RISE TO SUCH LIABILITY IN THE SIX (6) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOP TEN AND YOU.
- Governing Law; Venue.
These Terms shall be governed by the laws of the State of Minnesota without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Top Ten agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located with Minneapolis, Minnesota for the purpose of litigating all such claims or disputes. We operate the Service from our offices in Minneapolis, Minnesota and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
and exclusive understanding and agreement between you and Top Ten regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of a breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greater extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.