TopOnlineProfits.com Web Site Terms and Conditions

The TopOnlineProfits.com Web Site (the "Site") is an online information service provided by TopOnlineProfits.com ("TopOnlineProfits.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TopOnlineProfits.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TopOnlineProfits.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to TopOnlineProfits.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to TopOnlineProfits.com by all means and in any media now known or hereafter developed. You also grant to TopOnlineProfits.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against TopOnlineProfits.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TopOnlineProfits.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of TopOnlineProfits.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by TopOnlineProfits.com, TopOnlineProfits.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for TopOnlineProfits.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with TopOnlineProfits.com a. You also understand that TopOnlineProfits.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. TopOnlineProfits.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TopOnlineProfits.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. TopOnlineProfits.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU CANNOT EARN A COMMISSION FROM A SALE TO YOURSELF. IF IT IS DISCOVERED THAT YOU SIGNED UP FOR A NEW ACCOUNT USING YOUR OWN AFFILIATE LINK, THEN PURCHASE THE PREMIUM SERVICE FROM THAT NEW ACCOUNT, YOU WILL NOT BE GIVEN COMMISSION OR CREDIT FOR THAT SALE. THIS PRACTICE IS CONSIDERED CHEATING THE SYSTEM AND IS NOT FAIR TO YOUR SPONSOR, IF YOU HAVE ONE, FOR YOUR ORIGINAL SIGNUP.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. TopOnlineProfits.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL TopOnlineProfits.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TopOnlineProfits.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TopOnlineProfits.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TopOnlineProfits.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-TopOnlineProfits.com web site, please understand that it is independent from TopOnlineProfits.com, and that TopOnlineProfits.com has no control over the content on that web site. In addition, a link to a TopOnlineProfits.com web site does not mean that TopOnlineProfits.com endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless TopOnlineProfits.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of TopOnlineProfits.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term of agreement and Termination.

This Agreement may be terminated by Top Online Profits without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement. All Premium Memberships are for a term of 6 months, 12 months, or unlimited from the Payment Date.

The TopOnlineProfits.com [TOPS] Lifetime membership is defined as the online lifetime of the TopOnlineProfits.com membership program. If for any reason the TOPS membership program should become obsolete or go offline such that the website no longer exists, that would fullfill any and all obligations TopOnlineProfits.com has to both free members as well as members who have paid a fee. The Lifetime membership is in no way connected to the age of its members or the duration of human life.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between TopOnlineProfits.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TopOnlineProfits.com's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. TopOnlineProfits.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Addendum effective 1 Oct. 2006

7. Qualification for refund.

To qualify for a refund, you must consistently and actively work the Tops program for a period of 6 months. We define"consistently and actively" working Tops as making an average of 10 message postings monthly at our Tops Forum over the course your membership period. This will confirm to us that you are actively working the Tops program by interacting with the experienced members to help you with your marketing. The Tops Forum is located at http://www.toponlineprofits.com/Forum/. If you are not making a minimum profit of $1500.00 monthly after 6 months of actively working the program, we will refund the total sum of your Tops Premium Membership fee. This offer is effective for premium members who joined on or after 5/5/07. Those who joined prior to 5/5/07 do not qualify but will be considered on a case by case basis. We reserve the right to modify and/or revise these qualifications at any time without notice to members.

Any rights not expressly granted herein are reserved.

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