TOPPINGS INC. TERMS OF
SERVICE[i],
[ii]
Date of Last Revision: March 23, 2023
Acceptance of
These Terms of Service
Toppings Inc. ("Toppings," "we," "us," or "our")
provides our services (described below) and related content to you through our
website(s) located at https://www.toppingsapp.com/ (the "Site") and through our
mobile applications and related technologies ("Mobile Apps", and collectively,
such Mobile Apps and the Site, including any updated or new features,
functionality and technology, the "Service"). All access and use of the Service
is subject to the terms and conditions contained in these Terms of Service (as
amended from time to time, these "Terms of Service"). By accessing, browsing,
or otherwise using the Site, Mobile Apps, or any other aspect of the Service,
you acknowledge that you have read, understood, and agree to be bound by these
Terms of Service. If you do not accept the terms and conditions of these Terms
of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to
change or modify portions of these Terms of Service at any time. If we do this,
we will post the changes on this page and will indicate at the top of this page
the date these Terms of Service were last revised. You may read a current,
effective copy of these Terms of Service by visiting the "Terms of Service"
link on the Site and under the "Legal " Terms of Service" section of our Mobile App. We will
also notify you of any material changes, either through the Service user
interface, a pop-up notice, email, or through other reasonable means.[iii]"Your continued use of the Service after the
date any such changes become effective constitutes your acceptance of the new
Terms of Service. You should periodically visit this page to review the current
Terms of Service so you are aware of any revisions. If
you do not agree to abide by these or any future Terms of Service, you will not
access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF
SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT
CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1)
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TOPPINGS ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3)
YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY
OR IN A COURT OF LAW.[iv]
Your Privacy: At Toppings, we respect the privacy of our
users. For more information please see our Privacy
Policy, located at https://toppingsapp.com/privacy-policy and under the "Legal " Privacy Policy" section
of our Mobile App (the "Privacy Policy"). By using the Service, you consent to
our collection, use and disclosure of personal data and other data as outlined
therein.
Additional Terms: In addition, when using
certain features through the Service, you will be subject to any additional
terms applicable to such features that may be posted on or within the Service
from time to time." "All such terms are hereby incorporated
by reference into these Terms of Service.
Access and Use of
the Service
Service Description: The Service is
designed to solve the expensive last-mile delivery problem by creating a
sustainable system that benefits all sides of the marketplace.
Your Registration Obligations: You may be
required to register with Toppings or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the
Service, you agree to provide and maintain true, accurate, current, and
complete information about yourself as prompted by the Service"s registration
form. Registration data and certain other information about you are governed by
our Privacy Policy. If you are under 13 years
of age, you are not authorized to use the Service, with or without registering.
In addition, if you are under 18 years old, you may use the Service, with or
without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You
are responsible for maintaining the confidentiality of your password and
account details, if any, and are fully responsible for any
and all activities that occur under your password or account. You agree
to (a) immediately notify Toppings of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session when accessing the Service. Toppings will
not be liable for any loss or damage arising from your failure to comply with
this paragraph.
Modifications to Service: Toppings reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that Toppings will not be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
General Practices Regarding Use and Storage: You acknowledge that Toppings may establish general practices and
limits concerning use of the Service, including the maximum period
of time that data or other content will be retained by the Service and
the maximum storage space that will be allotted on Toppings" or its third-party
service providers" servers on your behalf. You agree that Toppings has no
responsibility or liability for the deletion or failure to store any data or
other content maintained or uploaded by the Service. You acknowledge that Toppings
reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Toppings
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
Conditions of
Access and Use
User Conduct: You are solely responsible for all code, video, images, information,
data, text, software, music, sound, photographs, graphics, messages, and other
materials ("content") that you make available to Toppings, including by
uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Service or by emailing or otherwise making
available to other users of the Service (collectively, "User Content"). The
following are examples of the kinds of content and/or uses that are illegal or
prohibited by Toppings. Toppings reserves the right to investigate and take
appropriate legal action against anyone who, in Toppings" sole discretion,
violates this provision, including removing the offending content from the
Service, suspending or terminating the account of such
violators, and reporting the violator to law enforcement authorities. You agree
to not use the Service to:
a)
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary
rights of any party; (ii) you do not have a right to upload under any law or
under contractual or fiduciary relationships; (iii) contains software viruses
or any other computer code, files or programs designed to interrupt, destroy, or
limit the functionality of any computer software or hardware or
telecommunications equipment; (iv) poses or creates a privacy or security risk
to any person; (v) constitutes unsolicited or unauthorized advertising,
promotional materials, commercial activities and/or sales, "junk mail," "spam,"
"chain letters," "pyramid schemes," "contests," "sweepstakes," or any other
form of solicitation; (vi) is unlawful, harmful, threatening, abusive,
harassing, tortious, excessively violent, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another"s privacy, hateful, discriminatory,
or otherwise objectionable; or (vii) in the sole judgment of Toppings, is
objectionable or which restricts or inhibits any other person from using or
enjoying the Service, or which may expose Toppings or its users to any harm or
liability of any type;
b)
interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Service;
c)
violate any applicable local, state, national,
or international law, or any regulations having the force of law;
d)
impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
e)
solicit personal information from anyone under
the age of 18;
f)
harvest or collect email addresses or other
contact information of other users from the Service by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited communications;
g)
advertise or offer to sell or buy any goods or
services for any business purpose that is not specifically authorized;
h)
further or promote any criminal activity or
enterprise or provide instructional information about illegal activities;
i)
obtain or attempt to access or otherwise obtain
any content or information through any means not intentionally made available
or provided for through the Service;
j)
circumvent, remove, alter, deactivate, degrade,
or thwart any of the content protections in or geographic restrictions on any
content (including Service Content (as defined below)) available on or through
the Service, including through the use of virtual private networks; or
k)
engage in or use any data mining, robots,
scraping, or similar data gathering or extraction methods.
If you are blocked by Toppings from accessing
the Service (including by blocking your IP address), you agree not to implement
any measures to circumvent such blocking (e.g., by masking your IP address or
using a proxy IP address or virtual private network).
Competitors: No employee, independent contractor, agent, or
affiliate of any competing food
takeout and delivery services to Toppings is permitted to view, access,
or use any portion of the Service without express written permission from
Toppings. By viewing, using, or accessing the Service, you represent and
warrant that you are not a competitor of Toppings or any of its affiliates, or
acting on behalf of a competitor of Toppings in using or accessing the Service.
Fees: To the extent the Service or any portion
thereof is made available for any fee, you may be required to select a payment
plan and provide information regarding your credit card or other payment
instrument. You represent and warrant to Toppings that such information is true
and that you are authorized to use the payment instrument. You will promptly
update your account information with Toppings or the Payment Processor (as
defined below), as applicable, of any changes (for example, a change in your
billing address or credit card expiration date) that may occur. You agree to
pay Toppings the amount that is specified for any applicable order." If you dispute any charges you must let
Toppings know within sixty
(60) days after the date that Toppings charges you, or within such longer period of time as may be required under applicable
law. We reserve the right to change Toppings" prices, fees or the listed prices
of any item listed within the Service. If Toppings does change its fees,
Toppings will provide notice of the change through the Service user interface,
a pop-up notice, email, or through other reasonable means, at Toppings" option,
at least thirty (30)
days before the change is to take effect. Your continued use of the Service
after the price change becomes effective constitutes your agreement to pay the
changed amount. You will be responsible for all taxes associated with the
Service, other than taxes based on Toppings" net income.
Payment Processing: Notwithstanding any amounts owed to Toppings hereunder, TOPPINGS DOES
NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via
bank account, credit card, or debit card, we use Stripe, Inc.
and its affiliates ("Stripe"), a third-party payment processor. These payment
processing services are provided by Stripe and are subject
to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe"s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these
Terms of Service, users that use the payment functions of the Service also
agree to be bound by the Stripe Agreements, as the same may be modified by
Stripe from time to time. You hereby authorize Stripe to store and continue
billing your specified payment method even after such payment method has
expired, to avoid interruptions in payment for your use of the Service. Please
contact Stripe for more information. Toppings assumes no liability or
responsibility for any payments you make through the Service.[v]
Refunds and Cancellations: Payments made
by you hereunder are final and non-refundable, unless otherwise determined by
Toppings.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you
agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, grant
access to, transfer, or otherwise use or exploit any portion of the Service for
any commercial purposes. The Service is for your personal use.
Rewards: You may be eligible to receive
certain rewards while you use the Service. For more details on our rewards
program, see
Mobile Services and Software
Mobile Services: The Service includes certain
services that are available via a mobile device, including (i)
the ability to upload content to the Service via a mobile device, (ii) the
ability to browse the Service and the Site from a mobile device, and (iii) the
ability to access certain features and content through Mobile Apps
(collectively, the "Mobile Services"). To the extent you access the Service
through a mobile device, your wireless service carrier"s standard charges, data
rates, and other fees may apply. In addition, downloading, installing, or using
certain Mobile Services may be prohibited or restricted by your carrier, and
not all Mobile Services may work with all carriers or devices.
Telephonic Communications Services:[vi]""By
using the Service and providing us with your telephone number(s), you are
consenting to be contacted by Toppings or its affiliates or partners[vii]"by telephone (including on a recorded line),
automated calling, automated telephone dialing system calling, automated system
calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS
message, fax, or other telephonic or electronic means for marketing,
solicitation, informational or another purposes, even if your" telephone number(s) is registered on the
National Do Not Call List, a state Do not Call List, or the internal Do Not
Call List of Toppings or its affiliates or partners. You may be required to
respond to an initial call or message as instructed to complete your
registration and confirm enrollment to receive such calls, texts
or other telephonic communications." You
do not have to consent to receive calls or text messages from Toppings or its
affiliates or partners for marketing or solicitation purposes" to purchase Toppings" products or
services. In the event you no longer wish to receive such calls, text messages
or other telephonic communications, you agree to notify Toppings or its
affiliates or partners, as applicable, directly. In the event you change or
deactivate your telephone number, you agree to promptly update your Toppings
account information to ensure that your messages are not sent to a person that
acquires your old telephone number.
There is no additional charge for telephonic
communications, but your carrier"s standard message and data rates apply to any
calls, text messages, SMS or MMS messages you send or
receive. Your carrier may prohibit or restrict certain mobile features and
certain mobile features may be incompatible with your carrier or mobile device.
We are not liable for any delays in the receipt of, or any failures to receive,
any calls, text messages, SMS or MMS messages, as
delivery is subject to effective transmission by your mobile carrier and
compatibility of your mobile device. Please contact your mobile carrier if you
have any questions regarding these issues or your mobile data and messaging
plan.
By reply to any text, SMS or MMS message you receive from us, you may text "STOP"
to cancel or "HELP" for customer support information. If you choose to cancel
text, SMS or MMS messages from us, you agree to
receive a final message from us confirming your cancellation.
You can also invite others to use the Service
through the Communication Services by providing the numbers of those you want
to invite or by selecting the individuals you want to invite from your contacts
list (if you have uploaded one), and taking the
actions to send those individuals an invitation message. By inviting others to
use the Service, you represent to us that those you invite consent to receive
the invitation messages and that you are authorized to convey that consent to
us.[viii]
Mobile App License: Subject to these Terms of Service, Toppings hereby grants to you a
limited, revocable, non-exclusive, non-transferable, non-sublicensable license
to (a) install the Mobile App on one mobile device and (b) use the Mobile App
for your own personal use solely to access and use the Service. For clarity,
the foregoing is not intended to prohibit you from installing the Mobile App on
another device on which you also agreed to these Terms of Service. Each
instance of these Terms of Service that you agree to in connection with
downloading a Mobile App grants you the aforementioned rights
in connection with the installation and use of the Mobile App on one device.
Ownership; Restrictions: The technology
and software underlying the Service or distributed in connection therewith are
the property of Toppings, its affiliates, and its licensors (including the
Mobile Apps, the "Software"). You agree not to copy, modify, create a
derivative work of, reverse engineer, reverse assemble, or otherwise attempt to
discover any source code, sell, assign, sublicense, or otherwise transfer any
right in the Software. Any rights not expressly granted herein are reserved by
Toppings.
Special Notice for International Use; Export Controls: Toppings is headquartered in the United States. Whether inside or
outside of the United States, you are solely responsible for ensuring
compliance with the laws of your specific jurisdiction. Software available in
connection with the Service and the transmission of applicable data, if any, is
subject to United States export controls. No Software may be downloaded from
the Service or otherwise exported or re-exported in violation of U.S. export
laws. Downloading, accessing or using the Software or
Services is at your sole risk.
Third-Party Distribution Channels: Toppings offers Software that may be made available through the Apple
App Store, the Google Play Store, or other distribution channels ("Distribution
Channels"). If you obtain such Software through a Distribution Channel, you may
be subject to additional terms of the Distribution Channel. These Terms of
Service are between you and us only, and not with the Distribution Channel. To
the extent that you utilize any other third-party products and services in
connection with your use of the Service, you agree to comply with all
applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to
Mobile Apps that are made available for your use in connection with an
Apple-branded product (the "Apple-Enabled Software"), in addition to the other
terms and conditions set forth in these Terms of Service, the following terms
and conditions apply:
●
Toppings and you acknowledge that these Terms of
Service are concluded between Toppings and you only, and not with Apple Inc.
("Apple"), and that as between Toppings and Apple, Toppings, not Apple, is
solely responsible for the Apple-Enabled Software and the content thereof.
●
You may not use the Apple-Enabled Software in
any manner that is in violation of or inconsistent with the Usage Rules set
forth for Apple-Enabled Software in, or otherwise be in
conflict with, the Apple Media Services Terms and Conditions.
●
Your license to use the Apple-Enabled Software
is limited to a non-transferable license to use the Apple-Enabled Software on
an iOS product that you own or control, as permitted by the "Usage Rules" set
forth in the Apple Media Services Terms and Conditions, except that such
Apple-Enabled Software may be accessed and used by other accounts associated
with the purchaser via Apple"s Family Sharing or volume purchasing programs.
●
Apple has no obligation whatsoever to provide
any maintenance or support services with respect to the Apple-Enabled Software.
●
Apple is not responsible for any product
warranties, whether express or implied by law. In the event of any failure of
the Apple-Enabled Software to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price for the Apple-Enabled
Software, if any, to you; and, to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect to
the Apple-Enabled Software, or any other claims, losses, liabilities, damages,
costs, or expenses attributable to any failure to conform to any warranty,
which will be Toppings" sole responsibility, to the extent it cannot be
disclaimed under applicable law.
●
Toppings and you acknowledge that Toppings, not
Apple, is responsible for addressing any claims of you or any third party
relating to the Apple-Enabled Software or your possession and/or use of that
Apple-Enabled Software, including: (a) product liability claims; (b) any claim
that the Apple-Enabled Software fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection,
privacy, or similar legislation.
●
In the event of any third-party claim that the
Apple-Enabled Software or your possession and use of that Apple-Enabled
Software infringes that third party"s intellectual property rights, as between
Toppings and Apple, Toppings, not Apple, will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual
property infringement claim.
●
You represent and warrant that (a) you are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a "terrorist supporting" country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted
parties.
●
If you have any questions, complaints, or claims
with respect to the Apple-Enabled Software, they should be directed to Toppings
as follows:
[raymondqin@toppingsapp.com]
[6174686948]
[5190 Ivy
Nole Cumming, GA].
●
You must comply with applicable third-party
terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
●
Toppings and you acknowledge and agree that
Apple, and Apple"s subsidiaries, are third-party beneficiaries of these Terms
of Service with respect to the Apple-Enabled Software, and that, upon your
acceptance of the terms and conditions of these Terms of Service, Apple will
have the right (and will be deemed to have accepted the right) to enforce these
Terms of Service against you with respect to the Apple-Enabled Software as a
third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google
Play Store ("Google-Sourced Software"): (a) you acknowledge that these Terms of
Service are between you and Toppings only, and not with Google, Inc.
("Google"); (b) your use of Google-Sourced Software must comply with Google"s
then-current Google Play Terms of Service; (c) Google is only a provider of
Google Play where you obtained the Google-Sourced Software; (d) Toppings, and
not Google, is solely responsible for Toppings" Google-Sourced Software; (e)
Google has no obligation or liability to you with respect to Google-Sourced
Software or these Terms of Service; and (f) you acknowledge and agree that
Google is a third-party beneficiary to these Terms of Service as it relates to
Toppings" Google-Sourced Software.
Open Source Software[ix]: The Software may contain or be provided together with open source
software. Each item of open source software is subject
to its own license terms, which can be found at:
https://github.com/amplitude/Amplitude-TypeScript/blob/main/LICENSE
""""""""""" https://github.com/apollographql/apollo-client/blob/main/LICENSE
https://github.com/invertase/notifee/blob/main/LICENSE
https://github.com/react-native-async-storage/async-storage/blob/master/LICENSE
https://github.com/react-native-checkbox/react-native-checkbox/blob/develop/LICENSE
https://github.com/react-native-masked-view/masked-view/blob/master/LICENSE
https://github.com/react-native-push-notification/ios/blob/master/LICENSE
https://github.com/getsentry/sentry-react-native/blob/main/LICENSE.md
https://github.com/stripe/stripe-react-native/blob/master/LICENSE
https://github.com/react-navigation/react-navigation/blob/main/packages/core/LICENSE
https://github.com/axios/axios/blob/v1.x/LICENSE
https://github.com/iamkun/dayjs/blob/dev/LICENSE
https://github.com/graphql/graphql-js/blob/main/LICENSE
https://github.com/mikehardy/jetifier/blob/master/LICENSE
https://github.com/lodash/lodash/blob/master/LICENSE
https://github.com/sunng87/node-geohash/blob/master/LICENSE
https://github.com/npm/node/blob/main/LICENSE
https://github.com/facebook/react/blob/main/LICENSE
https://github.com/danilowoz/react-content-loader/blob/master/LICENSE
https://github.com/facebook/react-native/blob/main/LICENSE-docs
https://github.com/BranchMetrics/react-native-branch-deep-linking-attribution/blob/master/LICENSE
https://github.com/microsoft/react-native-code-push/blob/master/LICENSE.md
https://github.com/morenoh149/react-native-contacts/blob/master/LICENSE
https://github.com/hossein-zare/react-native-dropdown-picker/blob/dev-5.x/LICENSE
https://github.com/react-native-elements/react-native-elements/blob/next/LICENSE
https://github.com/Agontuk/react-native-geolocation-service/blob/master/LICENSE
https://github.com/software-mansion/react-native-gesture-handler/blob/main/LICENSE
https://github.com/LinusU/react-native-get-random-values/blob/master/LICENSE
https://github.com/FaridSafi/react-native-google-places-autocomplete/blob/master/LICENSE
https://github.com/ivpusic/react-native-image-crop-picker
https://github.com/APSL/react-native-keyboard-aware-scroll-view/blob/master/LICENSE
https://github.com/react-native-linear-gradient/react-native-linear-gradient/blob/master/LICENSE
https://github.com/react-native-maps/react-native-maps/blob/master/LICENSE
https://github.com/react-native-modal/react-native-modal/blob/master/LICENSE.md
https://github.com/callstack/react-native-paper/blob/main/LICENSE.md
https://github.com/garganurag893/react-native-phone-number-input/blob/master/LICENSE.md
https://github.com/react-native-push-notification/ios/blob/master/LICENSE
https://github.com/software-mansion/react-native-reanimated/blob/main/LICENSE
https://github.com/opensearch-project/opensearch-js/blob/HEAD/LICENSE.txt
https://github.com/th3rdwave/react-native-safe-area-context/blob/main/LICENSE
https://github.com/software-mansion/react-native-screens/blob/main/LICENSE
https://github.com/tomzaku/react-native-shimmer-placeholder/blob/master/LICENSE
https://github.com/software-mansion/react-native-svg/blob/main/LICENSE
https://github.com/satya164/react-native-tab-view/blob/main/LICENSE.md
https://github.com/aws-amplify/amplify-js/blob/main/LICENSE
https://github.com/mrousavy/react-native-tracking-transparency/blob/master/LICENSE
https://github.com/oblador/react-native-vector-icons/blob/master/LICENSE
https://github.com/kimxogus/react-native-version-check/blob/master/LICENSE
https://github.com/browserify/node-util/blob/master/LICENSE
https://github.com/uuidjs/uuid/blob/main/LICENSE.md
https://github.com/vercel/next.js/blob/canary/license.md
https://github.com/eslint/eslint/blob/main/LICENSE
https://github.com/apollographql/apollo-server/blob/main/LICENSE
https://github.com/caolan/async/blob/master/LICENSE
https://github.com/aws/aws-sdk-js/blob/master/LICENSE.txt
https://github.com/adaltas/node-csv/blob/master/
https://github.com/expressjs/express/blob/master/LICENSE
https://github.com/shelfio/jest-dynamodb/blob/master/license
https://github.com/auth0/jwt-decode/blob/master/LICENSE
https://github.com/expressjs/multer/blob/master/LICENSE
https://github.com/anacronw/multer-s3/blob/master/LICENSE
https://github.com/kyh/multer-s3/blob/master/LICENSE
https://github.com/redis/node-redis/blob/master/LICENSE
https://github.com/stripe/stripe-node/blob/master/LICENSE
https://github.com/twilio/twilio-node/blob/main/LICENSE
https://github.com/thenativeweb/uuidv4/blob/main/LICENSE.txt
https://github.com/ulid/javascript/blob/master/LICENSE
https://github.com/winstonjs/winston/blob/master/LICENSE
https://github.com/node-apn/node-apn/blob/master/LICENSE
https://github.com/firebase/firebase-admin-node/blob/master/LICENSE
https://github.com/ottokruse/crypto-secure-random-digit/blob/master/LICENSE
https://github.com/motdotla/dotenv/blob/master/LICENSE
https://github.com/puppeteer/puppeteer/blob/main/LICENSE
If required by any license for particular open source software, Toppings makes such open source
software, and Toppings" modifications to that open source software (if any),
available by written request to colin@toppingsapp.com. Copyrights to the open source software are held by the respective copyright
holders indicated therein.
Intellectual
Property Rights
Service Content: You acknowledge and agree that the Service may contain content or
features ("Service Content") that are protected by copyright, patent,
trademark, trade secret, or other proprietary rights and laws. Except as
expressly authorized by Toppings, you agree not to modify, copy, frame, scrape,
rent, lease, loan, sell, distribute, or create derivative works based on the
Service or the Service Content, in whole or in part, except that the foregoing
does not apply to your own User Content (as defined below) that you upload to
or make available through the Service in accordance with these Terms of
Service. Any use of the Service or the Service Content other than as
specifically authorized herein is strictly prohibited.
Trademarks: The Toppings name and logos are trademarks and
service marks of Toppings (collectively the "Toppings Trademarks"). Other
Toppings, product, and service names and logos used and displayed via the
Service may be trademarks or service marks of their respective owners who may
or may not endorse or be affiliated with or connected to Toppings. Nothing in
these Terms of Service or the Service should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of
Toppings Trademarks displayed on the Service, without our prior written
permission in each instance. All goodwill generated from the use of Toppings
Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no
circumstances will Toppings be liable in any way for any content or materials
of any third parties (including users), including for any errors or omissions
in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge
that Toppings does not pre-screen content, but that Toppings and its designees will have the right (but not the obligation) in
their sole discretion to refuse or remove any content that is available via the
Service. Without limiting the foregoing, Toppings and its designees
will have the right to remove any content that violates these Terms of Service
or is deemed by Toppings, in its sole discretion, to be otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.
User Content: You represent and warrant
that you own all right, title and interest in and to
such User Content, including all copyrights and rights of publicity contained
therein. You hereby grant Toppings and its affiliates, successors and assigns a
non-exclusive, worldwide, royalty-free, fully paid-up, transferable,
sublicensable (directly and indirectly through multiple tiers), perpetual, and
irrevocable license to copy, display, upload, perform, distribute, store,
modify, and otherwise use your User Content in connection with the operation of
the Service and the promotion, advertising or marketing of the foregoing in any
form, medium or technology now known or later developed. You assume all risk
associated with your User Content and the transmission of your User Content,
and you have sole responsibility for the accuracy, quality, legality
and appropriateness of your User Content.
You hereby authorize Toppings and its
third-party service providers to derive statistical and usage data relating to
your use of the Service ("Usage Data"). We may use Usage Data for any purpose
in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas,
feedback, reviews, or other information about the Service ("Submissions"),
provided by you to Toppings are non-confidential and Toppings will be entitled
to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment, attribution, or compensation
to you.
You acknowledge and agree that Toppings may
preserve User Content and may also disclose User Content if required to do so
by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws, or
government requests; (b) enforce these Terms of Service; (c) respond to claims
that any content violates the rights of third parties; or (d) protect the
rights, property, or personal safety of Toppings, its users, or the public. You
understand that the technical processing and transmission of the Service,
including your User Content, may involve (i)
transmissions over various networks; and (ii) changes to conform and adapt to
technical requirements of connecting networks or devices.
Copyright Complaints:[x]"Toppings respects
the intellectual property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, you should notify Toppings of your infringement claim in accordance
with the procedure set forth below.
Toppings will process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual property
laws with respect to any alleged or actual infringement. A notification of
claimed copyright infringement should be emailed to Toppings" Copyright Agent
at raymondqin@toppingsapp.com (Subject line: "DMCA Takedown Request"). You may
also contact the Copyright Agent by mail or facsimile at:
5190 Ivy Nole
Cumming, GA 30040
To be effective, the notification must be in
writing and contain the following information:
●
a physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest that is allegedly infringed;
●
identification of the copyrighted work or other
intellectual property that you claim has been infringed, or, if multiple
copyrighted works or other intellectual property are covered by a single
notification, a representative list of such works or other intellectual property;
●
identification of the content that is claimed to
be infringing or to be the subject of infringing activity, and where the
content that you claim is infringing is located on the Service, with enough
detail that we may find it on the Service;
●
your address, telephone number, and email address;
●
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright or intellectual
property owner, its agent, or the law; and
●
a statement by you that the information in your
notice is accurate and, under penalty of perjury, that you are the copyright or
intellectual property owner or are authorized to act on the behalf of the owner
of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that your
User Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner"s agent, or pursuant to the law, to upload and use the content
in your User Content, you may send a written counter-notice containing the
following information to the Copyright Agent:
●
your physical or electronic signature;
●
identification of the content that has been
removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
●
a statement by you, made under penalty of
perjury, that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification
of the content to be removed or disabled; and
●
your name, address, telephone number, and email
address, a statement that you consent to the jurisdiction of the federal court
located within Boston, Massachusetts and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by
the Copyright Agent, Toppings will send a copy of the counter-notice to the
original complaining party informing them that Toppings may replace the removed
content or cease disabling it within ten (10) business days. Unless the owner
of the applicable copyrighted work or other intellectual property files an
action seeking a court order against Toppings or the user, the removed content
may be replaced, or access to it restored, within ten (10) to fourteen (14)
business days or more after receipt of the counter-notice, at our sole
discretion.
Repeat Infringer Policy: In accordance
with the DMCA and other applicable law, Toppings has adopted a policy of
terminating, in appropriate circumstances and at Toppings" sole discretion, the
accounts of users who are deemed to be repeat infringers. Toppings may also at
its sole discretion limit access to the Service and/or terminate the accounts
of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.[xi]"
Third-Party Services and Websites
The Service may provide links or other access to
services, sites, technology, and resources that are provided or otherwise made
available by third parties (the "Third-Party Services"). Additionally, you may
enable or log in to the Service via various online Third-Party Services, such
as social media and social networking services like Facebook or Twitter. Your
access and use of the Third-Party Services may also be subject to additional
terms and conditions, privacy policies, or other agreements with such third party,
and you may be required to authenticate to or create separate accounts to use
Third-Party Services on the websites or via the technology platforms of their
respective providers. Some Third-Party Services will provide us with access to
certain information that you have provided to third parties, including through
such Third-Party Services, and we will use, store and
disclose such information in accordance with our Privacy Policy. For more
information about the implications of activating Third-Party Services and our
use, storage and disclosure of information related to you and your use of such
Third-Party Services within the Service, please see our Privacy Policy.
Toppings has no control over and is not responsible for such Third-Party
Services, including for the accuracy, availability, reliability, or
completeness of information shared by or available through Third-Party
Services, or on the privacy practices of Third-Party Services. We encourage you
to review the privacy policies of the third parties providing Third-Party
Services prior to using such services. You, and not Toppings, will be
responsible for any and all costs and charges
associated with your use of any Third-Party Services. Toppings enables these
Third-Party Services merely as a convenience and the integration or inclusion
of such Third-Party Services does not imply an endorsement or recommendation.
Any dealings you have with third parties while using the Service are between
you and the third party. Toppings will not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
Third-Party Services.
Indemnification
To the extent permitted under applicable law,
you agree to defend, indemnify, and hold harmless Toppings, its affiliates, and
its and their respective officers, employees, directors, service providers,
licensors, and agents (collectively, the "Toppings Parties") from any and all
losses, damages, expenses, including reasonable attorneys" fees, rights,
claims, actions of any kind, and injury (including death) arising out of or
relating to your use of the Service, any User Content, your connection to the
Service, your violation of these Terms of Service, or your violation of any
rights of another. Toppings will provide notice to you of any such claim, suit,
or proceeding. Toppings reserves the right to assume the exclusive defense and
control of any matter which is subject to indemnification under this section,
and you agree to cooperate with any reasonable requests assisting Toppings"
defense of such matter. You may not settle or compromise any claim against the
Toppings Parties without Toppings" written consent.
Disclaimer of
Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TOPPINGS
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE TOPPINGS PARTIES MAKE NO WARRANTY THAT (A)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE
TOPPINGS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING
DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
THE TOPPINGS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE
SERVICE. IN NO EVENT WILL THE TOPPINGS PARTIES" TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TOPPINGS
IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING
SECTIONS TITLED "INDEMNIFICATION", "DISCLAIMER OF WARRANTIES" AND "LIMITATION
OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS
OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE
INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH
PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE
APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration
section is referred to in these Terms of Service as the "Arbitration
Agreement." You agree that any and all disputes or claims that have arisen or
may arise between you and Toppings, whether arising out of or relating to these
Terms of Service (including any alleged breach thereof), the Service, any
advertising, or any aspect of the relationship or transactions between us, will
be resolved exclusively through final and binding arbitration, rather than a
court, in accordance with the terms of this Arbitration Agreement, except that
you may assert individual claims in small claims court, if your claims qualify.
Further, this Arbitration Agreement does not preclude you from bringing issues
to the attention of federal, state, or local agencies, and such agencies can,
if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Toppings are
each waiving the right to a trial by jury or to participate in a class action.
Your rights will be determined by a neutral arbitrator, not a judge or jury.
The Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement.
b.
Prohibition of Class and Representative Actions and Non-Individualized
Relief
YOU AND TOPPINGS AGREE THAT
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING. UNLESS BOTH YOU AND TOPPINGS AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON"S OR PARTY"S CLAIMS
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY"S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY
PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER
APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c.
Pre-Arbitration Dispute Resolution
Toppings is always interested in resolving
disputes amicably and efficiently, and most customer concerns can be resolved
quickly and to the customer"s satisfaction by emailing customer support at
info@toppingsapp.com. If such efforts prove unsuccessful, a party who intends
to seek arbitration must first send to the other, by certified mail, a written
Notice of Dispute ("Notice"). The Notice to Toppings should be sent to 5190 Ivy
Nole, Cumming, GA 30040 ("Notice Address"). The
Notice must (i) describe the nature and basis of the
claim or dispute and (ii) set forth the specific relief sought. If Toppings and
you do not resolve the claim within sixty (60) calendar days after the Notice
is received, you or Toppings may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer
made by Toppings or you will not be disclosed to the
arbitrator until after the arbitrator determines the amount, if any, to which
you or Toppings is entitled.
d.
Arbitration Procedures
Arbitration will be conducted by a neutral
arbitrator in accordance with the American Arbitration Association"s ("AAA")
rules and procedures, including the AAA"s Consumer Arbitration Rules
(collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For
information on the AAA, please visit its website, https://www.adr.org.
Information about the AAA Rules and fees for consumer disputes can be found at
the AAA"s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and
any term of this Arbitration Agreement, the applicable terms of this
Arbitration Agreement will control unless the arbitrator determines that the
application of the inconsistent Arbitration Agreement terms would not result in
a fundamentally fair arbitration. The arbitrator must also follow the
provisions of these Terms of Service as a court would. All issues are for the
arbitrator to decide, including issues relating to the scope, enforceability,
and arbitrability of this Arbitration Agreement. Although arbitration
proceedings are usually simpler and more streamlined than trials and other
judicial proceedings, the arbitrator can award the same damages and relief on
an individual basis that a court can award to an individual under these Terms
of Service and applicable law. Decisions by the arbitrator are enforceable in
court and may be overturned by a court only for very limited reasons.
Unless Toppings and you agree otherwise, any
arbitration hearings will take place in a reasonably convenient location for
both parties with due consideration of their ability to travel and other
pertinent circumstances. If the parties are unable to agree on a location, the
determination will be made by AAA. If your claim is for $10,000 or less,
Toppings agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds $10,000, the right to a
hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
will issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the award is based.
e.
Costs of Arbitration
Payment of all filing, administration, and
arbitrator fees (collectively, the "Arbitration Fees") will be governed by the
AAA Rules, unless otherwise provided in this Arbitration Agreement." To the extent any Arbitration Fees are not
specifically allocated to either Toppings or you under the AAA Rules, Toppings
and you shall split them equally; provided that if you are able to demonstrate
to the arbitrator that you are economically unable to pay your portion of such
Arbitration Fees or if the arbitrator otherwise determines for any reason that
you should not be required to pay your portion of any Arbitration Fees,
Toppings will pay your portion of such fees. In addition, if you demonstrate to
the arbitrator that the costs of arbitration will be prohibitive as compared to
the costs of litigation, Toppings will pay as much of the Arbitration Fees as
the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Any payment of attorneys" fees will be governed by the AAA
Rules.
f.
Confidentiality
All aspects of the arbitration proceeding, and
any ruling, decision, or award by the arbitrator, will be strictly confidential
for the benefit of all parties.
g.
Severability
If a court or the arbitrator decides that any
term or provision of this Arbitration Agreement (other than the subsection (b)
above titled "Prohibition of Class and Representative Actions and Non-Individualized
Relief" above) is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable and
that comes closest to expressing the intention of the invalid or unenforceable
term or provision, and this Arbitration Agreement will be enforceable as so
modified. If a court or the arbitrator decides that any of the provisions of
subsection (b) above titled "Prohibition of Class and Representative Actions
and Non-Individualized Relief" are invalid or unenforceable, then the entirety
of this Arbitration Agreement will be null and void, unless such provisions are
deemed to be invalid or unenforceable solely with respect to claims for public
injunctive relief. The remainder of these Terms of Service will continue to
apply.
h.
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of
Service to the contrary, Toppings agrees that if it makes any future change to
this Arbitration Agreement (other than a change to the Notice Address) while
you are a user of the Service, you may reject any such change by sending
Toppings written notice within thirty (30) calendar days of the change to the
Notice Address provided above. By rejecting any future change, you are agreeing
that you will arbitrate any dispute between us in accordance with the language
of this Arbitration Agreement as of the date you first accepted these Terms of
Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Toppings, in its sole discretion,
may suspend or terminate your account (or any part thereof) or use of the
Service and remove and discard any content within the Service, for any reason,
including for lack of use or if Toppings believes that you have violated or
acted inconsistently with the letter or spirit of these Terms of Service. Any
suspected fraudulent, abusive, or illegal activity that may be grounds for
termination of your use of the Service, may be referred to appropriate law
enforcement authorities. Toppings may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of these Terms of Service may be effected
without prior notice, and acknowledge and agree that Toppings may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Toppings will not be liable to you or any third party for any
termination of your access to the Service.
User Disputes
You agree that you are solely responsible for
your interactions with any other user in connection with the Service, and
Toppings will have no liability or responsibility with respect thereto.
Toppings reserves the right, but has no obligation, to become involved in any
way with disputes between you and any other user of the Service.
General
These Terms of Service (together with the terms
incorporated by reference herein) constitute the entire agreement between you
and Toppings governing your access and use of the Service,
and supersede any prior agreements between you and Toppings with respect
to the Service. You also may be subject to additional terms and conditions that
may apply when you use Third-Party Services, third-party content
or third-party software. These Terms of Service will be governed by the laws of
the Commonwealth of [insert Massachusetts without regard to its conflict of law
provisions. With respect to any disputes or claims not subject to arbitration,
as set forth above, you and Toppings submit to the personal and exclusive
jurisdiction of the state and federal courts located within Suffolk County,
Massachusetts. The failure of Toppings to exercise or enforce any right or
provision of these Terms of Service will not constitute a waiver of such right
or provision. If any provision of these Terms of Service 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 provision, and the other provisions of these Terms of Service remain in
full force and effect. 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
Service or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. A printed version of these
Terms of Service and of any notice given in electronic form will be admissible
in judicial or administrative proceedings based upon or relating to these Terms
of Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. You may not assign these Terms of Service without the prior written
consent of Toppings, but Toppings may assign or transfer these Terms of
Service, in whole or in part, without restriction. The section titles in these
Terms of Service are for convenience only and have no legal or contractual
effect. As used in these Terms of Service, the words "include" and "including,"
and variations thereof, will not be deemed to be terms of limitation, but
rather will be deemed to be followed by the words "without limitation." Notices
to you may be made via either email or regular mail. The Service may also
provide notices to you of changes to these Terms of
Service or other matters by displaying notices or links to notices generally on
the Service. Toppings will not be in default hereunder by reason of any failure
or delay in the performance of its obligations where such failure or delay is
due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack,
embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or
unavailability of electrical power, network access or equipment, or any other
circumstances or causes beyond Toppings" reasonable control.
Notice for California Users
Under California Civil Code Section 1789.3,
users of the Service from California are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer
Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112,
Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297
(TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227
(TDD). You may contact us at Toppings Inc., 5190 Ivy Nole,
Cumming, GA 6787101220
U.S. Government Restricted Rights
The Service is made available to the
U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by
the U.S. government is subject to the restrictions contained in 48 CFR
52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of
the Service (including the Software) by the U.S. government constitutes
acknowledgement of our proprietary rights in the Service (including the
Software).
Questions? Concerns? Suggestions?
"
Please contact us at raymondqin@toppingsapp.com to report any violations of these Terms of Service or to
pose any questions regarding these Terms of Service or the Service.