Online Terms of Use

Please read these Terms of Use (“Terms of Use”) carefully before using the website and products by TOPS Software Corporation (“TOPS”) that link to these Terms of Use. By accessing and using TOPS Site in any way, including, without limitation, browsing the TOPS Site, using any information, using any content, using any services, and/or downloading any materials, you agree to and are bound by the Terms of Use. If you do not agree to all of the terms and conditions herein, do not use the TOPS Site in any manner. TOPS reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of these Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of the TOPS Sites following the posting of changes to the Terms of Use will mean you accept those changes.

Updating Terms of Use

TOPS provides the information on this server as a public service to its customers, and reserves the right to change the contents of the information without notice. TOPS is not liable for the accuracy, completeness, and/or reliability of the contents of the information provided herein.

Non-liability statement

EXCEPT AS PROHIBITED BY LAW, THIS WEBSITE AND ALL OF THE SERVICES, PRODUCTS AND OTHER CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS”.  TOPS MAKES NO REPRESENTATIONS OR WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL BE UNITERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, COMPLETE OR RELIABLE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THIS WEBSITE OR ANY OF THE SERVICES, PRODUCTS OR OTHER CONTENT ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY LINKS TO THIRD PARTY WEB SITES. 

EXCEPT AS OTHERWISE PROHIBITED BY LAW, NEITHER TOPS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SECONDARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF CAUSE OR LEGAL THEORY, RESULTING FROM OR OTHERWISE RELATED TO YOUR USE, OR INABILITY TO USE, THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILIY OF SUCH DAMAGES. IN ANY EVENT OF LIABILITY, IN NO EVENT WILL TOPS’S OR ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AFFILIATES’, LICENSORS’ OR SUPPLIERS’ LIABILTY, REGARDLESS OF CAUSE OR LEGAL THEORY, EXCEED THE AMOUNT YOU PAID TO TOPS IN CONNECTION WITH YOUR USE OF THE WEBSITE, IF ANY, DURING THE ONE YEAR PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

Intellectual Property Rights

The TOPS Sites, and all data, text, images, software, video or audio contained therein are for your non-commercial and personal use only, and may contain trademarks, copyrights and other intellectual property owned or licensed by TOPS. No license to such intellectual property rights is granted to you. Any reproduction, publication or other use of the contents on this website require TOPS’s prior written consent.

External Links

The TOPS Sites contain links to third-party websites which are not under the control of TOPS. TOPS IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH LINKED WEBSITES. You acknowledge and agree that TOPS is providing these links to you only as a convenience, and TOPS does not endorse or accept responsibility for the content on such third-party websites. If you elect to make any online purchases from TOPS, the TOPS Sites will link you to third-party website(s) that will collect your payment and other information in connection with your purchase.

Cookies and Other Tracking Technologies

The TOPS Sites use cookies and other tracking technologies to enhance your experience. Please see TOPS’s Privacy Policy for details. 

Privacy and Security

TOPS respects your privacy, values our relationship, and is committed to safeguarding your privacy. We understand the importance of privacy to our customers and visitors to the TOPS Sites. Our use of your Personal Data is governed by our Privacy Policy, and by accessing and using the TOPS Sites, you agree to be bound by our Privacy Policy.

You recognize and agree that when submitting your personal data to the TOPS Sites, while TOPS has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, TOPS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF TOPS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOPS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

Law and Jurisdiction

These Terms of Use are governed by the laws of Texas USA.  Any dispute arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts situated in, or having jurisdiction over Texas, USA.