1. Age Requirement
You must be 18 years or older to shop at this Website. By accepting these terms and conditions, you accept that you’re at least 18 years old.
2. User Submissions
Topsnus is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or accessed or transmitted through the Site. However, Topsnus reserves the right to delete, block and/or remove any information or materials that Topsnus, in our sole discretion, deem to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Topsnus or any other party. If notified of any such information or materials on the Site, Topsnus will determine in its sole discretion whether to remove such content from the Site or repost such content to the Site at the time of notification or any other time in the future. You agree to grant to Topsnus a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, provide access to, make available, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin or message boards, forums and newsgroups) by all means and in any media or any mode of distribution now known or hereafter developed. You also grant to Topsnus the right to use your name and image in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Topsnus for any alleged or actual infringement or misappropriation of any proprietary or other right in your submissions, postings or communications to us.
3. Your Usage of Site
• You agree to use this Site only for lawful purposes, and that you are responsible for your use of, communications, and postings on the Site. You agree not to post on, provide access, make available, or transmit through this Site any unlawful, infringing, threatening, harassing, abusive, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic or otherwise objectionable material of any kind, including without limitation any material that encourages or solicits criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property or other rights, discloses private or personal matters concerning any person, concerns products or items outside the scope of the particular bulletin board room, or otherwise violates any applicable local, state, national, foreign or international law including, without limitation, those relating to export control, consumer production, unfair competition, anti-discrimination or false advertising.
• You agree not to use or allow others to use this Site in any manner that interferes with its operation or with any other user's use and enjoyment of the Site. You agree not to post or transmit on the Site any file or code that contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
• You agree not to post or transmit on the Site any charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents. You agree not to post, provide access, make available or transmit on the Site any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas that might expressly be designated by Topsnus, from time to time, for such purposes.
• You agree that you will not access this Site from any territory where its use or contents is illegal, and that you, and neither Topsnus nor our affiliates, are responsible for compliance with applicable local laws. You agree that you will not access the Site by any means except through the interface and PID provided by Topsnus for access to the Site and that you will not link to any page on the Site except the home page located at http://topsnus.com. You further agree that any robots, spiders, crawlers or other automated software that you use to access the Site shall comply with the Standard for Robot Exclusion and shall use and comply with the Site's robots.txt files.
• You recognize that access to this site is limited to people 18 years or older. You agree to maintain the security of your PID on the Site, and other confidential information relating to the use of the Site and your PID on the Site. You agree to be responsible for all uses and/or charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us.
4. Chat/Bulletin Board Policy
The Site may contain various chat/bulletin boards which act among other things as a venue for adult smokers to discuss issues related to tobacco use. As a result, Topsnus has no control over the information provided by other users or the quality, safety or legality of the topics discussed or the truth or accuracy of the listing. Users should use caution and common sense when posting personal information on any web site. Because Topsnus is not involved in any transactions, in the event of any dispute all users of the bulletin board release Topsnus and each of its officers, directors, agents, subsidiaries and employees from claims, demands, and damages (actual and consequential) of every kind and of every nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
5. Termination of usage; Notification and Procedure Regarding Infringements
Such notification shall:
1. include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
2. contain a description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the web page address) where the copyrighted work exists, or a copy of the copyrighted work
3. identify the URL or other specific location where the allegedly infringing material is located
4. provide the address, telephone number, and e-mail address of the notifying party
5. include a statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
6. and include a statement by you, made under penalty of perjury, that the information in the notification is accurate that you are the copyright owner or the owner's authorized agent. When Topsnus deletes or disables access to any material alleged to be infringing under this policy, Topsnus may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Topsnus makes no promise to do so. Any counter notifications submitted by such user will be furnished to the complaining party, who will be given an opportunity to seek judicial relief in accordance with the DMCA before Topsnus replaces or restores access to any material as a result of any counter notifications.
6. No Warranty
Topsnus and its suppliers provide the Site and any related Services "as is" and without any warranty or condition, express, implied or statutory. Topsnus and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
7. Liability Limit
In no event shall Topsnus or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our Services or this agreement (however arising, including negligence).
You agree to indemnify and hold Topsnus and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
9. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Topsnus's Site and any related Services and your listing, purchase, solicitation of offers to purchase, and sale of items.
10. No Agency
You and Topsnus are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is intended or created.
12. Third Party Sites
This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Topsnus, and you acknowledge that Topsnus is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
13. Taxes and duty fees, Import, Customs, and Freight
Topsnus cannot provide information about import and customs regulations in the destination country. As the person who ordered the merchandise, you are personally responsible for being informed about and understanding the import and customs regulations that apply to smokeless tobacco, chewing tobacco and other types of tobacco in the destination country and the rules related to payment of any duties/fees/taxes that may be charged. It is the responsibility of the buyer to pay for all applicable taxes and duty fees related to their purchase from topsnus.com. Topsnus will not refund you any duties/fees/taxes arising in your destination country. Topsnus will not be responsible for replacing or buying out orders confiscated by customs or lost in delivery.
14. Change of Mind Cancellations and Returns
Since Smokeless tobacco is a perishable good, we cannot accept change of mind cancellations or returns. If you get in touch with our customer service before you order has been dispatched, we may be able to issue a full refund. If it has been dispatched already, we can neither cancel or refund your order. The same holds true with returns, as tobacco is a fresh, perishable product, we will not issue refunds on returned merchandise.
We consider the information about our consumers to be confidential and we do not sell or rent or transmit personal information or e-mail addresses to other organizations or entities without the customer's specific consent. We limit access to consumer information to only those employees and representatives that need to work with consumer information.
15. Email Address
Providing your email address is mandatory and will only be used by Topsnus to communicate with you or send promotional offers to our customers' email addresses.