1. Acceptance of Term
TopSpeed.com. ("TopSpeed", "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service ("TOS"), which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time. Your use of the Service constitutes your acceptance of the TOS.
2. Service Description
TopSpeed.com currently provides users with access to a rich collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TopSpeed.com properties, shall be subject to these TOS. TopSpeed.com may change, suspend or discontinue any aspect of the Service at any time. TopSpeed.com may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. TopSpeed.com also may offer other services from time to time, which are governed by different terms of services.
The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. TopSpeed.com may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by TopSpeed.com of any Other Site(s) or resources, or their content. TopSpeed.com is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by TopSpeed.com of the Other Site.
Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, TopSpeed.com content; (c) shall not imply that TopSpeed.com is endorsing or sponsoring it or its products; (d) shall not present false information about TopSpeed.com or its products or services; (e) shall not use Trademarks without the prior written permission from TopSpeed.com; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
4. Copyrights - Trademark
The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Service are protected by copyright and are owned or controlled by TopSpeed.com or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from TopSpeed.com or the copyright holder as identified on the Service.
TopSpeed.com, and other service marks, trademarks and logos displayed on the Service (the "TopSpeed.com Trademarks") are the property of TopSpeed.com or its licensors. You agree not to display or use the TopSpeed.com Trademarks in any manner.
Permission to use materials from the Service (the "Materials") is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.
Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by TopSpeed.com.
5. Representations and Warranties
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
Any software that we make available for download from the Service and/or our servers (the "Software") is the copyrighted work of TopSpeed.com, licensors or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
Without limiting the foregoing, copying or reproduction if the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
Any Software which is downloaded from the Service or TopSpeed.com’s servers for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
8. Copyrights and Copyright Agents
TopSpeed.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TopSpeed.com’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. º 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing 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 us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TopSpeed.com’s copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached using our contact us form.
9. Service Content and Information - Features
The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Service.
Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.
We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.
10. Your Content
From time to time, TopSpeed.com may permit you to upload information, advice, text, data, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not TopSpeed.com, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. TopSpeed.com cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.
TopSpeed.com does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You acknowledge and agree that TopSpeed.com may archive Your Content and may also disclose Your Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
11. Disclaimer of Warranties
The service, including all content, software, documents, functions, materials, graphics, and information made available on or accessed through or sent from the service, are provided "as is" to the fullest extent permissible by law. TopSpeed.com and its subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever about: (a) the content on and provided through the service; (b) the materials, information and functions made accessible by the software used on or accessed through the service; (c) the materials, messages and information sent from the service by users; (d) any products or services offered by third parties or hypertext links to third parties; and/or (e) any breach of security associated with the transmission of sensitive information through the service or any linked site. TopSpeed.com does not warrant that the functions contained in the service or any materials or content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the service or the servers that makes it available are free of viruses or other harmful components.
TopSpeed.com does not warrant that your activities or use of the service is lawful in any particular jurisdiction and, in any event, specifically disclaim such warranties. You understand that by using any of the features of the service, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. Further, TopSpeed.com and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title and noninfringement.
TopSpeed.com and its subsidiaries and affiliates shall not be liable for the use of the service including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
12. Limitation of Liability
Under no circumstances shall TopSpeed.com be liable for any special, indirect, or consequential damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the service, even if foreseeable or TopSpeed.com has been advised of the possibility of such damages whether in an action of contract, negligence or other tortuous action. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TopSpeed.com’s total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).
You agree to defend, indemnify and hold harmless TopSpeed.com with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, TopSpeed.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against TopSpeed.com herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without TopSpeed.com’s prior written approval.
14. Governing Law
This agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflicts of laws rules.
15. Jurisdiction and Venue
The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Florida state courts in and for Broward County, Florida and the Federal Courts in and for the Southern District of Florida. The parties agree not to raise the defense of forum non conveniens.
Whenever, under the provisions of this TOS, you are required or permitted to give notice to TopSpeed.com, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to TopSpeed.com. Please contact us to discuss the notice.
Whenever, under the provisions of this TOS, TopSpeed.com is required or permitted to give notice to you, TopSpeed.com may send an e-mail to the address provided by you when you registered with the Service. If you have not provided an accurate e-mail address or if you have not registered with the Service, TopSpeed.com may, but is not obligated to, send a notice to you in any reasonable way.
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.
Please click here to report any violations of TopSpeed.com’s TOS or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.