Terms & Conditions of Use
Welcome to the ToprollOnline Website (“Website”). This Website is designed to market products of all types and to particularly provide information related to the sport of Arm Wrestling. The Website is wholly owned by TopRollOnline, Inc., The following Terms and Conditions of Use apply to the TOPROLL Website as well as all transactions conducted through or on the site.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
Acceptance of Terms. This “Terms and Conditions of Use” Agreement (Agreement) sets forth legally binding terms between you the user and TOPROLL for any use of this Website. By using the Website, you agree to be bound by this Agreement, whether you are “Visitor/Guest” (which means that you simply browse the Website), are a “Member” (which means that you have registered on the Website to become a Member), are purchasing products or services from the TOPROLL Website or that you have registered for certain events which may be sponsored or supported by TOPROLL from time to time. If you do not accept the terms of this Agreement, you should leave the TOPROLL Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting to the TOPROLL Website. You agree to be bound by any modification to this Agreement when you use the TOPROLL Website after any such modification is posted, whether or not you are notified of the modification; it is therefore important that you review this Agreement regularly.
1. General Membership Requirements. If you wish to become a Member of TOPROLL, purchase goods or services from the TOPROLL Website, register for a TOPROLL-sponsored event or communicate with other Members and otherwise make use of the Website or its Service, you must read this Agreement and indicate your acceptance during any such registration, purchase or membership application process. In consideration of your use of the Website or its Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree:
(a) to provide true, accurate, current and complete information about yourself as prompted by the membership application, purchase or registration; and,
(b) to maintain and promptly update your Membership Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, TOPROLL reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website or any Services, (or any portion thereof). (Use of the Website or Services and membership on the Website are void where prohibited.)
2. Minors. Due to the nature of the internet, TOPROLL cannot stop minors from visiting the TOPROLL Website. However, a user who applies for membership with TOPROLL via its Website or registers on the TOPROLL Website must confirm that he/she is at least 18 years of age.
3. Member Account, Password and Security. If you apply for membership, purchase from or register on the TOPROLL Website, you may be required to create a TOPROLL account, choose a password and username, and may be asked for additional information, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and for all activities that occur under your password or account. You agree to (a) immediately notify TOPROLL of any unauthorized use of your password or account or any other breach of security, and (b) to log out from your account at the end of each session. You further agree not to use a password of another party to access the TOPROLL Website. OPROLL shall not be liable for any loss or damage arising from your failure to comply with this paragraph.
4. Prohibited Conduct. You agree not to use the TOPROLL Website or any TOPROLL service to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“content“) that:
5. Submissions to the Website. The TOPROLL Website may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Areas“). You acknowledge that the Website and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the TOPROLL Website may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the TOPROLL Website such as personal addresses, pictures, videos, bank or other financial information, passwords, etc. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, TOPROLL specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
6. Responsibility for Content. You, and not TOPROLL, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available via the Service. TOPROLL does not control the content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that you deem offensive, indecent or objectionable. Under no circumstances will TOPROLL be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content. You acknowledge that TOPROLL may or may not pre-screen content posted the TOPROLL Website, but that TOPROLL shall have the right (but not the obligation), in its sole discretion, to pre-screen, edit, refuse, or remove any content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, TOPROLL shall have the right to remove from the TOPROLL Website any content that violates this Agreement or is otherwise objectionable in the sole discretion of TOPROLL, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact TOPROLL.
8. Preservation/Disclosure. You acknowledge, consent and agree that TOPROLL may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TOPROLL, its Members and the public.
9. Security Components. You understand that the TOPROLL Website and software embodied within the TOPROLL Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TOPROLL and/or content providers who provide content to TOPROLL. You may not attempt to override or circumvent any such security components and usage rules embedded into the Website.
10. Non-commercial Use. You may not use the Service in connection with any commercial purposes, except as specifically approved by TOPROLL, in writing and in advance. Unauthorized framing of or linking to the TOPROLL Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and content without notice and may result in termination of membership privileges.
11. Typographical Errors. In the event that a TOPROLL-listed product is mistakenly listed at an incorrect price, TOPROLL reserves the right to refuse or cancel any orders placed for that product only. TOPROLL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TOPROLL shall issue a credit to your credit card account in the amount of the incorrect price.
12. License to Use Your Content. By posting, displaying, publishing, transmitting, or otherwise making available, (individually and collectively, “posting“), any content on or through the TOPROLL Website or the Service, you hereby grant to TOPROLL a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, (with the right to sublicense through unlimited levels of sub-licensees), to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the TOPROLL Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent.
If you wish to remove any content from the Service, your ability to do so may depend on the type of content, the location and manner of posting, and other factors. You may contact us to request the removal of certain content you have posted, but TOPROLL has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any content posted by you may remain on the TOPROLL servers after the content appears to have been removed from our Website, and TOPROLL retains the rights to all such remaining copies. If you wish to keep any content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, TOPROLL or the Site.
You agree that in the event TOPROLL receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that TOPROLL may, in its sole discretion, use any content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your content on the TOPROLL Website or an affiliated or partner website. You represent and warrant that: (i) you own all right, title and interest in all content posted by you on or through the TOPROLL Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the TOPROLL Website or Service does not violate the privacy rights, publicity and copy rights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
13. Website Content. All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the TOPROLL Website may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. TOPROLL shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. TOPROLL reserves the right to make changes, corrections, cancellations and/or improvements to the information on the TOPROLL Website, and to the products and packages described on the TOPROLL Website, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the TOPROLL Website. You acknowledge that you shall not rely on any content on the TOPROLL Website. TOPROLL does not endorse or represent the reliability, accuracy or quality of any information, or non-TOPROLL goods, services or products displayed or advertised on the TOPROLL Website.
TOPROLL makes no representations or warranties, express or implied, with respect to the information provided on this Website.
In an attempt to provide increased value to our visitors and clients, TOPROLL may link to sites operated by third parties. However, even if the third party is quasi-affiliated with TOPROLL, TOPROLL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TOPROLL. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TOPROLL seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for other linked sites.
14. TOPROLL and Third Party Intellectual Property. The TOPROLL Website contains Content of TOPROLL (Content), and content of third party licensors to TOPROLL, (including content provided by users of the TOPROLL Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. TOPROLL owns and retains all rights, title and interest in the content. Those portions of the Site and the Services owned by TOPROLL are the copyright of TOPROLL, all rights reserved. You agree that all TOPROLL trademarks, trade names, service marks, logos and service names are trademarks and are property of TOPROLL (Marks). You agree not to display or use in any manner the TOPROLL Marks, without the express prior written permission of TOPROLL. TOPROLL hereby grants to you a limited, revocable, non-sub-licensable license to reproduce and display a single copy of the TOPROLL content and any third party content located on or available through our Website or Service, (excluding any software code therein), solely for your personal, non-commercial use in connection with viewing the TOPROLL Website and using the Service. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the TOPROLL Website or Service.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TOPROLL. The collective work includes works that are licensed to TOPROLL. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TOPROLL or purchasing TOPROLL products.
You may also display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TOPROLL in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, trade names and service marks of TOPROLL used in the site are trademarks or registered trademarks of TOPROLL.
16. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. Notice & Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), TOPROLL reserves the right, but not the obligation, to terminate your right to use the TOPROLL Website if TOPROLL determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. TOPROLL accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C Section 512(c), as amended, TOPROLL has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of TOPROLL to receive notification of claimed infringement is:
PO Box 563
Bountiful, Utah 84011
E-mail: [email protected]
TOPROLL respects the intellectual property of others, and we ask our users to do the same. TOPROLL policy is to review any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want TOPROLL to delete, edit, or disable the material in question, you must provide TOPROLL with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the alleged owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TOPROLL to locate the material;
(d) information reasonably sufficient to permit TOPROLL to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to TOPROLL either by e-mail, or by United States mail to our designated agent for notification of infringement.
19. Member Disputes. You are solely responsible for your interactions with other Members. TOPROLL reserves the right, but has no obligation, to monitor disputes between you and other Members and take such actions it deems appropriate with regard to either or both parties to the dispute.
20. Notice. At its discretion TOPROLL may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TOPROLL.
21. Termination. You may terminate any TOPROLL membership at any time, for any reason, by following the instructions on your Profile page. You agree that TOPROLL, in its sole discretion, may terminate your account or your access to the TOPROLL Website or the Service immediately, with or without notice to you, and without liability to you, for any reason, including, without limitation, if TOPROLL believes that you have breached any of the terms of these Terms & Conditions of Use Agreement or acted inconsistently with the letter or spirit of the Agreement, furnished TOPROLL with false or misleading information, or interfered with use of the TOPROLL Website or the Service by others.
These terms and conditions are applicable and binding to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or altered by TOPROLL without notice at any time, for any reason. Any provisions relating to Copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
22. Disclaimer of Warranties. You expressly understand and agree that your use of the TOPROLL Website and the Service are at your sole risk. The TOPROLL Website and the Service are provided on an “As Is” and “As Available” basis. TOPROLL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Service, the TOPROLL Website, and any third party website with which they are linked;
TOPROLL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
Any material, downloaded or otherwise, obtained through the use of the TOPROLL Website or the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer, pad, cell phone systems or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from or through the TOPROLL Website shall create any warranty not expressly stated in the Agreement.
23. Limitation on Liability. To the fullest extent permitted by applicable laws, in no event will TOPROLL, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Service, the TOPROLL Website or any website with which they are linked, even if TOPROLL has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TOPROLL liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TOPROLL for the Services and in all instances shall be considered the only “Liquidated Damages” available to you. Otherwise, if you are dissatisfied with any portion of the TOPROLL Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, TOPROLL will not be liable for:
24. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; but all other provisions of these Terms & Conditions of Use remain in full force and effect.
25. Indemnity. You expressly agree to indemnify, defend, and hold harmless TOPROLL, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs, (including reasonable attorney fees and costs), arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the TOPROLL Website; or your connection to the TOPROLL Website. TOPROLL will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable non-active assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
26. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions, (“Additional Terms”), in order to participate in certain promotions or activities available through the TOPROLL Website, to obtain certain premium Content through the TOPROLL Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on the TOPROLL Website or registration for any TOPROLL-sponsored event. hese Additional Terms will be posted on the relevant portions of the TOPROLL Website or on the portions of the TOPROLL Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
27. TopRoll Termination Statement. These Terms and Conditions of Use are applicable to you upon your accessing the TOPROLL Website and/or completing the registration, membership application or shopping process. They, or any part of them, may be terminated or altered by TOPROLL without notice at any time, for any reason. The provisions relating to Copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
28. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or the TOPROLL Website, (or any portion thereof), with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the TOPROLL Website.
Your use of this site shall be governed in all respects by the laws of the state of Utah, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website, (including but not limited to the purchase of TOPROLL-advertised products), shall be in the state or federal courts located in Davis County, Utah, USA. Any cause of action or claim you may have with respect to this Website, (including but not limited to the purchase of TOPROLL-advertised products), must be commenced within one (1) year after the claim or cause of action arises. TOPROLL failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TOPROLL may assign its rights and duties under this Agreement to any party at any time without notice to you.
30. Choice of Law and Forum. This Agreement and the relationship between you and TOPROLL shall be governed by the laws of the State of Utah and the United States and you agree that any case before law shall be adjudicated in Davis County, Utah or other venue determined proper solely by TOPROLL without regard to its conflict of law provisions. You and TOPROLL agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Davis, State of Utah or other venue determined proper solely at the unimpeded discretion of TOPROLL.
31. Use of Site. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, in any social media platform or publication, newspaper, radio, television or any other means of public communication is strictly forbidden. Impersonation of others, including TOPROLL licensed employees, hosts, or representatives, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the TOPROLL Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability to TOPROLL or violate any law or regulation. You may not upload commercial content on the TOPROLL Website or use the Website to solicit others to join or become members of any other commercial online service or other organization unless prior written permission as to content or specific action is obtained from TOPROLL.
32. Participation Disclaimer. TOPROLL does not and cannot review all communication and material which may be posted to or created by users accessing the TOPROLL Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TOPROLL is merely acting as a passive conduit for such distribution and is not undertaking any obligation, endorsement or liability relating to any content or activities on the site. However, TOPROLL reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to TOPROLL, in its sole discretion.
33. Third-Party Links. In an attempt to provide increased value to our visitors and clients, TOPROLL may link to sites operated by third parties. However, even if the third party is affiliated with TOPROLL, TOPROLL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TOPROLL. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TOPROLL seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well, (including if a specific link does not function as intended).
34. Waiver and Severability of Terms. The failure of TOPROLL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provisions of these Terms & Conditions of Use and the other provisions of these Terms & Conditions of Use shall remain in full force and effect as though the invalid or unenforceable portion were not a part of these Terms & Conditions of Use.
35. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TOPROLL Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
36. Headings. The section headings and sub-headings contained in these Terms & Conditions of Use are for convenience only and have no legal or contractual effect.
These terms of service were last updated and posted on January 14, 2018.