User Privacy Policy.
See our Privacy Policy at www.TopTick.com/privacy-policy for information and notices concerning our collection and use of your personal information.
Eligibility.
The site and services are intended solely for persons who are 18 or older. Any access to or use of the site or services by anyone under 18 is expressly prohibited. By accessing or using the site or services you represent and warrant that you are 18 or older.
We do not collect information from children under 13. If we discover we have, we will delete it. We follow all applicable legislation (e.g., The Children's Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, “COPPA,” and other applicable legislation).
Basic Requirements to Using TopTick (Services).
Users shall agree to the following requirements to use and continue to use TopTick Services:
Create an account;
Agree to provide information that is thorough and accurate; additionally, the User agrees that any information that is provided does not obfuscate nor omit any material or truthful detail about the User.
Agree they are legally allowed to register as a user and enter into agreements and contracts;
Provide confirmation of factual and legal authority in the event the user is representing an organization;
Agree they are acting on their own accord and not representing another person(s) who would otherwise be able to register as a user;
Comply with all laws that apply to you, and your use of the services;
Agree TopTick cannot and will not be responsible for your using the services in a way that breaks the law;
Agree not to share your TopTick User ID, account, or password with anyone. You are responsible for any activity associated with your TopTick User ID and account.
Basic Restrictions to Using TopTick (Services).
Users shall acknowledge the following restrictions to using TopTick Services. You agree you will not use the services in a manner that:
infringes or violates intellectual property (e.g., patent, trademark, and the like) rights or any other rights of others;
is dangerous, harmful, fraudulent, deceptive, or threatening, including the creation of multiple accounts to cheat the offer system;
Jeopardizes the security of your TopTick User ID, account, or password, or anyone else’s;
attempts to obtain the password, account, or other security information of others
violates the security of any computer network, runs Maillist, Listserv, any form of auto-responder or “spam” on the services;
copies or stores any significant portion of the content; or decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas relating to the services.
contain sexually explicit content or pornography, including child pornography;
contain hateful, defamatory or discriminatory content or incite hatred against any individual or group;
exploits minors;
depicts unlawful acts or extreme violence;
violates any law.
The above constitutes a non-exhaustive list that is subject to change. TopTick will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TopTick may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the site, services or collective content or to review or edit any collective content. You further acknowledge that we have the right to monitor your access for the purpose of operating the site and services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any collective content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the site or services.
Similarly, we strongly discourage—though we cannot police nor will be responsible for—the Parties (buyers, sellers, and their respective agents) from communicating with one another outside the platform for the purpose of discussing or transmitting letters regarding race or color, religion, sex, national original, familial status, disability, gender identity, or the like.
Violations of these Fair Housing Laws and Anti-discrimination policies will result in termination of your account. You agree to indemnify and hold harmless TopTick and its agents for any and all violations of Fair Housing Laws and Anti-discrimination policies caused by you.
Use of Information Obtained From Users:
You shall only collect and use data of others to help you perform due diligence and utilize the services. You will treat information collected with confidence and care and obey all laws pertaining to Data Protection and Privacy.
Rights in Using TopTick Services.
The materials displayed through the Services (the Content) are protected by copyright and/or other intellectual property laws. You understand and agree that TopTick owns the Services.
You promise to abide by any and all applicable copyright/trademark rules, laws, and regulations. You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including TopTick’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.
Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited.. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.
User Contributions to Services.
User Submissions.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; conversely, the User agrees that any information that is provided does not obfuscate nor omit any material or truthful detail about the User
Any User Submission you post to the site will be considered non-confidential and non-proprietary. By providing any User Submission on the Website, you grant TopTick and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
Licenses.
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant TopTick certain rights in those User Submissions. Please note that all of the following licenses are subject to TopTick’s Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
By submitting User Submissions through the Services, you hereby grant TopTick a worldwide license to use the User Submissions in connection with its platform. You also grant each user of the Services a non-exclusive, perpetual license to access your User Submissions through this site. The foregoing license granted to TopTick and its users does not affect your ownership or license rights in your User Submissions. You represent that you have all rights to grant such licenses to TopTick without infringement of any other rights, laws or trademarks. You understand and agree that TopTick may need to make changes to your User Submissions to conform to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Responsibility of what is viewed and done on TopTick:
Any posted information is the sole responsibility of the poster.
You access all information and content at your own risk.
TopTick is not liable for any errors or omissions, or for any damages or loss you might suffer.
TopTick is not responsible for how users interpret data.
TopTick cannot guarantee the identity of any users with whom you interact.
You are responsible for all content you contribute, and you represent you have all rights necessary to do so.
The Services may contain links or connections to third-party websites. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that TopTickTopTick is not responsible for such risks.
TopTick has no control over third-party websites or interactions you may have with them.
You release and hold TopTick harmless from any and all liability arising from your use of any third-party website or service.
You agree TopTick has no obligation to get involved in disputes between you and any third-party service provider.
Cost of TopTick.
It is generally free to register for the Services. Certain aspects of the Services may require a fee. We reserve the right to charge for certain or all services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Prohibition on Offers to Buy and Sell Outside of TopTick’s Services/Platform.
Offering to buy or sell outside of TopTick is not allowed and is considered a violation of these Terms & Conditions of Use/User Agreement. Buyers and sellers also cannot share contact information, including email addresses and phone numbers, prior to completing a transaction on TopTick. Contacting another TopTick member to discuss moving a purchase off TopTick exposes both the buyer and seller to the risk of fraud, violates the Terms & Conditions of Use/User Agreement and is subject to legal action.
TopTick Buyers and sellers cannot:
Engage in any action with a user on the site designed to complete or facilitate a transaction outside of TopTick for any purpose.
In any communications with another TopTick member, refer to or promote external websites that facilitate sales outside of TopTick
Use contact information obtained through an TopTick transaction to offer to buy or sell a Property outside of TopTick
List a Property and then mention or link to additional Properties you own for sale outside of TopTick.
Activity that does not follow TopTick policy could result in a range of actions, including but not limited to: canceling listings, hiding or demoting all listings from search results, blocking some or all of your messages/communication with other members, lowering seller rating, buying or selling restrictions, account suspension, application of fees (if applicable), and recovery of expenses for policy monitoring and enforcement. If applicable, all fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
If you receive an offer from a buyer to transact outside of TopTick, please report it to protect yourself and to protect TopTick's services, which are valuable for buyers and sellers.
Fair Housing and Anti-Discrimination Laws.
TopTick is neither a direct provider of housing nor a real estate or property management company. However, it is important to us that our users are fully compliant with all Fair Housing and anti-discrimination laws, including but not limited to The Fair Housing Act, 42 U.S.C. § 3601, et seq.; and the like, during the real estate offer process.
In this regard, the Seller and Seller’s Agent agree not to discuss, ask for, consider, receive, transmit any data, communication, offer, or the like pertinent to, or make any decision to accept or reject any offer for purchase on the basis of:
Race or color;
Creed;
Citizenship or immigration status;
Religion;
Sex;
National origin;
Veteran or non-veteran status;
Familial status; or
Disability.
In this regard, it is TopTick’s policy to prohibit the transmission of any data over the TopTick platform between buyers and sellers and their respective agents regarding the sellers’ or buyers’ race or color, religion, sex, national origin, familial status, disability, gender identity, and the like.
Definitions.
“You”: any registered or unregistered user of www.TopTick.com or associated software platforms or applications.
“We” or “us”: TopTick, Inc. the legal entity and its officers, owners, employees, agents, lawyers, accountants, successors, assigns, affiliates, and third-party beneficiaries of this agreement.
“Services'': How TopTick, through its various online or application platforms, connects those offering homes for sale (“Sellers”) through the use of multiple listing services or otherwise and those looking to acquire homes (“Buyers”) and facilitates the offer/counteroffer process between the parties and their respective agents. The Services act as a meeting place only where the Seller’s terms are disclosed and prospective buyers price bids are aggregated in an open forum for the benefit of all parties. In this regard, any and all Users expressly agree that their price bids shall be shared with any and all other Users or visitors to the site. Submission of price bids does not constitute a legally enforceable contract.. The actual contract for the purchase and sale of real property is directly handled between the Seller and the Buyer. TopTick shall not be considered a party to the Purchase and Sale Agreement between Buyer and Seller. Likewise, TopTick does not prepare any memoranda of sale, letters of intent, or purchase and sale agreements for Properties. We do not transfer legal ownership of items from the Seller to the Buyer. We do not prepare any type of deeds on behalf of Buyer or Seller; nor does TopTick prepare real estate excise tax affidavits, if applicable in the State where the Real Property exists. Please consult your legal counsel, certified public accountant, or financial advisor for advice on the same. Likewise, TopTick does not provide real estate, tax, financial planning, or legal advice. TopTick's services are not that of an auctioneer. TopTick does not call bids or receive them. Real estate agents use the platform on behalf of their clients to transmit live price bids and receive feedback. TopTick does not have any agency to bind a Seller to a certain price.
“Buyer’s Agent” means the Buyer’s representative who is (1) a licensed real estate agent in the state in which the Property is located; and (2) assisting the Buyer in buying a home(s) on TopTick by virtue of an exclusive buyer’s agreement or similar agreement. TopTick requires all Buyer’s to be represented by Agents.
“Seller’s Agent” means the Seller’s representative who is (1) a licensed real estate agent in the state in which the Property is located; and (2) is assisting the Seller who is selling the Property (through use of TopTick's services) by virtue of an exclusive listing agreement or similar agreement with Seller that is valid in the State in which the Selling Agent is licensed and the property is located.
“Listing Price” means the initial price that the Property is being offered for sale by the Seller on a local MLS. TopTick is not a “listing” service.
“The Property” means the Real Property listed for sale that is owned by the Seller. (See Seller’s representations and warranties regarding ownership for additional information).
Discontinuation of the Services.
Users of TopTick's Services are free to cancel their use of the Services including removing their Account from the Platform at any time by contacting TopTick directly at info@TopTick.com. Account termination may result in destruction of any content associated with your account. TopTick is free to terminate your account for any reason in our discretion, including your breach of these Terms.
TopTick Account Termination, Cancellation, or Suspension.
Any abuse or appearance of abuse of TopTick or its platform and/or Services in any way TopTick may, at its sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, and take technical and/or legal steps to prevent you from using our Services, and to recover any damages sustained by TopTick as a result of your violation of this User Agreement.
If we believe you are violating our policies prohibiting offers to buy or sell outside of TopTick, you may be subject to, actions that include but are not limited to: your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller, you are prohibited from conducting a sale or purchase of property outside of TopTick by virtue of agreeing to these Terms & Conditions..
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
No real estate or auction services.
The Services offered by TopTick are not real estate services. TopTick is not a real estate agent or real estate brokerage. TopTick is not advertising or offering its users any real estate brokerage services. While TopTick creates an Optimized Offer Pool and our Software and Services facilitate the population of a Purchase Contract, we do not transfer legal ownership of items from the Seller to Buyer. TopTick is not an auctioneer or an auction house. TopTick is a service platform through which live real estate bids are aggregated and compiled for the benefit of the respective agents’ clients.
Data Scraping Provisions.
Except with the express written permission of TopTickTopTick, users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another webpage, use on any other webpage, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Sites, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER TOPTICK OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOPTICK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TOPTICK'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOPTICK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Release and Indemnity.
You agree to indemnify and hold TopTick harmless from and against any claims arising from (a) your use of the Services; and/or (b) your violation of these Terms.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold TopTickTopTick (including its affiliates and subsidiaries, as well as its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations.
We may transfer, assign, or delegate these Terms and our rights and obligations without your prior written consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.
Legal Disputes.
In this Legal Disputes Section, the term “related third parties” includes your and TopTick's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, TopTick's, and these entities’ respective employees and agents.
You and TopTick agree that any claim or dispute at law or equity that has arisen, or may arise, between you and TopTick (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of TopTick or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Alabama, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and TopTick, except as otherwise stated in this User Agreement. Any disputes arising as to the enforceability of this Legal Dispute provision, or the below Agreement to Arbitrate, are specifically reserved for the determination of the Arbitrator, as applicable.
B. Agreement to Arbitrate.
You and TopTick each agree that any and all disputes or claims that have arisen, or may arise, between you and TopTick (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of TopTick or any products or services sold, offered, or purchased through the use of our Services shall be resolved exclusively through final and binding arbitration..
C. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND TOPTICK 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 OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TOPTICK 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, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and TopTick's right to appeal the court's decision. All other claims will be arbitrated.
An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator.
A party who intends to seek arbitration must first send to the other, by electronic mail, a valid notice outlining the dispute with attachments to TopTick, Inc., Attn: Litigation Department, legal@TopTick.com. TopTick will send any notice to you to the email address we have on file associated with your TopTick account; it is your responsibility to keep this address up to date. To be valid, you must personally sign any demand or notice and provide a full basis for the claim, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and TopTick are unable to resolve the claims described in a valid Notice within thirty (30) calendar days after TopTick receives that Notice, you or TopTick may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to TopTick at the following email address: legal@TopTick.com. In the event TopTick initiates an arbitration against you, it will send a copy of the completed form to the email address we have on file associated with your TopTick account. Any settlement offer made by you or TopTick shall not be disclosed to the arbitrator.
If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Alabama, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $10,000.00, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or TopTick may attend by telephone or Zoom (or any other audio-visual platform), unless the arbitrator requires otherwise. The language of the arbitration will be English, although the Consumer may request a translator to be present. To request a translator, please contact AAA directly.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same TopTick user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No appeals of any kind may be taken.
D. LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
E. Costs of Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. TopTickAny request for payment of fees by TopTick should be submitted by electronic mail to the AAA and TopTick along with your Demand for Arbitration. TopTickIn the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TopTick for all fees associated with the arbitration paid by TopTick.
F. Severability.
With the exception of any of the provisions in this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
G. Future Amendments to the Agreement to Arbitrate.
TopTick reserves the right to periodically review and release amendments relating to the Agreement to Arbitrate. Such amendments shall apply to any claims filed in a legal proceeding against TopTick, so long as it was effective prior to the filing of such legal proceeding. TopTick will provide notification of amendments to the Agreement to Arbitrage by posting said amendments on www.TopTick.com. If any user does not agree to these amended terms, the account will be deemed inactive.
F. Judicial Forum for Legal Disputes.
All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Alabama. You and TopTick agree to submit to the personal jurisdiction of the courts located within Alabama for the purpose of litigating all such claims, disputes, or matters.
YOU AND TOPTICK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TopTick are instead choosing to have claims and disputes resolved by arbitration. In any litigation between you and TopTick over whether to vacate or enforce an arbitration award, YOU AND TOPTICK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge, in the event that the Agreement to Arbitration is found not to apply.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. TopTick reserves the right to collect any and all applicable taxes, duties, and/or other governmental assessments, at any point in time, from you, and you agree to pay the same, at any point in time, including after the close of TopTick's services and/or the subsequent transaction between the Buyer and the Seller.
If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect.
You and TopTick agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TopTick.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TopTick.
Digital Millennium Copyright Act.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), TopTick has implemented procedures for receiving notifications of claimed infringements. TopTick has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide an electronic communication which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to TopTick, Inc’s Copyright Agent as follows:
TopTick, LLC. : Legal Department
info@TopTick.com OR legal@TopTick.com
Counter-Notice.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide an electronic communication which contains:
Your electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court in the judicial district where your address is located if the address is in the United States, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to TopTick, LLC’s Copyright Agent via the email to the address specified above.
