TOPGREENER SALES POLICY
The following policy (“Sales Policy”) governs your purchase of TOPGREENER® products from our website, www.TOPGREENER®.com (“Site”). TOPGREENER® has determined that adoption of this Sales Policy is an important component of its strategy to properly support online sales, preserve and protect the value of its intellectual property and its rights therein, and ensure that the TOPGREENER® line of products is supported with aggressive marketing, effective product presentation and placement, and pre-sale and post-sale customer service and education.
By making a purchase from the Site you expressly agree to be bound by the terms of the Sales Policy as it exists on the date and time of your order. If you do not agree to the terms of the Sales Policy do not purchase anything from the Site. For the avoidance of doubt, this Sales Policy is between you and TOPGREENER® and is subject to change at any time by TOPGREENER® in its sole discretion with any such changes becoming effective immediately upon publication.
We encourage you to download and store this Sales Policy if you purchase products from the Site. This Sales Policy was updated as of December 5, 2017.
TOPGREENER® endeavors to offer you competitive prices on its products. Your total order price will include the price of the product(s) on the day of shipping plus any applicable sales tax and/or shipping charges. TOPGREENER® reserves the right to change prices for its products at any time and particularly to correct pricing errors that appear on the Site.
Orders and Payment
Information on how to place orders and the authorized payment methods for making purchases on the Site can be found here.
Shipping and Delivery
Information on the shipping and delivery policy of TOPGREENER® can be found here.
Information on the return policy and procedures of TOPGREENER® can be found here.
All products sold from the Site are prohibited from being resold by you as new or otherwise distributed to or sold through other dealers, including on auction sites, such as eBay, or on partner sites, such as Amazon.com. No warranty on the products will be honored by TOPGREENER® if the customer cannot show proof of the purchase from TOPGREENER®. TOPGREENER® reserves the right to refuse, modify, or cancel your order if it suspects you are purchasing for unauthorized resale in violation of the Sales Policy.
For avoidance of doubt, you hereby acknowledge that you have read and understand the “Warranty” section of the Site, found here, and are aware that the warranty extends only to the original consumer purchaser of the TOPGREENER® products and is nontransferable. A subsequent unauthorized sale of the TOPGREENER® products in violation of the Sales Policy therefore renders the warranty void as to the subsequent purchaser. The sale of a product that is materially different from the original product (i.e. without its original warranty) excludes such sale from protection against trademark infringement claims under the first sale doctrine.
By purchasing any product(s) from the Site, you hereby acknowledge and agree to pay any and all costs, including attorney’s fees, incurred by TOPGREENER® to remedy a violation of this section of the Sales Policy by you or any of your affiliates. This includes any litigation and/or arbitration costs associated with a potential trademark or copyright infringement action.
No Resellers, Wholesalers, Distributors, or Dealers
For purposes of clarity, nothing in this Sales Policy, the purchase of TOPGREENER® products, or otherwise, shall create a reseller, wholesaler, distributor, or dealer relationship between you and TOPGREENER®.
All matters arising out of or relating to this Sales Policy are to be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or relating to the terms of the Sales Policy, or enforcement thereof, may be instituted only in the federal or State courts located in Orange County, California. You hereby irrevocably submit to the exclusive jurisdiction of such courts in any suit, action or proceeding.
TOPGREENER® will have the sole exclusive right to determine, in its discretion, whether any dispute, controversy, or claim arising out of or relating to the Sales Policy, or the breach thereof, will be submitted to a court of law or to JAMS for a binding arbitration pursuant to the Arbitration Rules and Procedures adopted by JAMS. The venue for any arbitration will be Orange County, California. The arbitrator’s award may be confirmed and reduced to judgment in any court of competent jurisdiction.
In the event a matter is submitted to a court as opposed to arbitration, TOPGREENER® and you hereby agree to waive the right to a trial by jury and covenant that they will each not request trial by jury at any point in the litigation.
To ask questions about this Sales Policy, contact us via telephone at 714-569-9988 or toll-free at 844-390-2568.