Terms and Conditions

Effective Date: January 16, 2025

Welcome to Tophato! These Terms and Conditions outline the rules and regulations for using our website, tophato.com, and the services we provide. By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with these terms, please do not use our website.

Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as well as our Privacy Policy, Refund and Return Policy, Sales Policy, and any other relevant policies and guidelines that we post on our website. These policies are incorporated into this agreement by reference.

Use of Website

  • Eligibility: You must be at least 18 years of age to use our website and make purchases. By accessing our site, you confirm you are 18 years of age or older.

  • Account Creation: To access certain features or to make purchases, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. Notify us immediately if you suspect any unauthorized access.

  • Permitted Use: You agree to use our website only for lawful purposes. You are prohibited from using our website in any way that infringes on the rights of others, or that violates any applicable laws, regulations, or ethical standards.

  • Website Availability: While we strive to make our website available and accessible at all times, we do not guarantee that it will be error-free, uninterrupted, or free from viruses or other harmful components. We are not liable for any issues or damage resulting from downtime or interruptions in service.

  • Prohibited Activities: You are prohibited from using our website for any unauthorized, illegal, or harmful purposes, including but not limited to, data scraping, hacking, attempting to gain unauthorized access to our systems, interfering with the operation of our website, or engaging in any behavior that could damage our website, our users, or our business.

Intellectual Property Rights

  • Ownership: All content featured on tophato.com, including text, images, logos, graphics, designs, software, and any other materials, is the intellectual property of Tophato or our licensors and is protected by copyright, trademark, and other intellectual property laws.

  • Restrictions: You may not use, copy, reproduce, modify, distribute, transmit, or display any of our intellectual property without obtaining prior written consent from Tophato. Any unauthorized use of our intellectual property may result in legal action.

Product Descriptions

We make efforts to ensure that the product descriptions, images, and specifications on our website are accurate. However, we do not warrant that product descriptions are completely accurate, current, error-free, or reliable. Since plants are living organisms, they may vary naturally, and we cannot guarantee an exact match to the pictures or descriptions on our website.

Pricing, Payment, and Taxes

  • Pricing Accuracy: We try to ensure that all prices listed are accurate. However, errors may occur, and we reserve the right to correct any pricing errors. If there is a pricing discrepancy with your order, we will contact you before shipping it.

  • Payment Processing: We use third-party payment processors to facilitate secure transactions. By making a purchase, you agree to abide by the terms and conditions of the payment processor.

  • Taxes: Applicable sales taxes will be added to your order as required by law.

User Content and Reviews

  • Content Submission: If you post or submit any content on our website, such as reviews, comments, or other user-generated material, you grant Tophato a non-exclusive, royalty-free, worldwide, and perpetual license to use, copy, modify, publish, distribute, and display that content.

  • Responsibility: You are solely responsible for the user-generated content you submit, ensuring it does not violate any applicable laws, infringe on the rights of any third party, or contain any offensive, misleading, or harmful content.

Third-Party Links

Our website may include links to external websites and services that are not under our control. We are not responsible for the content, security, or privacy practices of these third-party websites. Accessing any third-party sites is done at your own risk.

Limitation of Liability

To the maximum extent permitted by applicable law, Tophato, its directors, officers, employees, or affiliates will not be liable for any damages, including indirect, incidental, consequential, punitive, or special damages, that arise from your use of our website or from the products you purchase through our site.

Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to indemnify, defend, and hold harmless Tophato, its affiliates, directors, officers, employees, and agents from any and all claims, damages, liabilities, and expenses arising out of your use of our website, violation of these Terms and Conditions, or infringement of any rights of a third party.

Governing Law

These Terms and Conditions and any associated disputes are governed by the laws of the State of Indiana, without regard to its conflict of law principles.

Dispute Resolution

Any dispute, claim, or controversy arising from or related to these Terms and Conditions will be resolved through binding arbitration in Indiana, in accordance with the rules of the American Arbitration Association.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

Changes to These Terms

We may update these Terms and Conditions from time to time. We will post any changes on this page along with an updated effective date. It is your responsibility to review this policy periodically. Your continued use of our website constitutes your agreement to any modifications.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Tophato concerning your use of our website and services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between us.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at: