Privacy Policy & Terms of Use

Privacy Policy & Terms of Use

Terms and Conditions of Use

Terms and Conditions of Use

By engaging with this website platform, you explicitly acknowledge and consent to the following conditions:

Your access and utilization of this platform are:

  • Governed by the provisions contained within this legal declaration, which retains the prerogative to undergo modifications at any point without advance notice.
  • Compliant with all pertinent legal statutes.
  • Conducted at your sole liability and discretion.
  • Recurrent reference to this page is advised to ensure familiarity with our prevailing terms and conditions of use.

Intellectual Property Rights:

Copyright:

The subsequent constituents of this digital platform belong exclusively to The ToPonts Inc. or our suppliers and are protected by United States and international copyright laws: all textual content, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations—both as individual entities and as compiled on the platform; all software systems.

Trademarks:

The trademarks or trade dress of ToPonts and its affiliates are only permissible for use upon receipt of our explicit written authorization. These include the ToPonts name and logo, along with other graphics, logos, page headers, button icons, scripts, and service names of ToPonts products, services, and programmes, and those of our affiliates. All other trademarks featured on this site remain the intellectual property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Patents: This digital platform may be subject to the protection of one or more patents.

License for Use:

Permission is granted for the electronic reproduction and physical printouts of pages from this platform solely for personal, non-commercial purposes that pertain to order placement or shopping with ToPonts.com. Unless pre-authorized by our written consent, any other usage of this digital platform, its content, and its information—including linking or framing to this digital platform—is strictly prohibited.

Errors and Inaccuracies:

Whilst we endeavor to provide comprehensive, precise, and updated information on our digital platform, the potential for human or technological errors precludes the assurance of a flawless platform. This platform may contain typographical inaccuracies, errors, or omissions, some of which may pertain to pricing and availability. Some information may not be complete or current. We reserve the exclusive right to correct any errors, inaccuracies, or omissions, and to revise or update information at any point without prior notice. We regret any inconvenience this may occasion.

Disclaimer of Liability:

We provide no warranties or representations of any kind, express or implied, pertaining to this digital platform, its content, or the information accessible through it; they are proffered “as is,” with all potential defects. Except as stipulated by applicable legal provisions, neither we, our corporate affiliates, nor the directors, officers, employees, agents, contractors, successors, or assigns of each, will be held accountable for any damages arising out of or related to the use of this digital platform or any other platform linked to it. This limitation of liability extends to direct, indirect, consequential, special, punitive, or other damages experienced by you or others, inclusive of damages for lost profits, business interruption, or loss of data or information, regardless of whether we have been pre-notified of the potential for such damages.

Non-Confidentiality:

Excepting the information necessary for order placement, we disclaim any desire to receive confidential or proprietary information or trade secrets via this digital platform. Any information, materials, suggestions, ideas, or comments transmitted to us will be deemed non-confidential. By forwarding it, you are conferring upon us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, without monetary or other recompense to you. However, we will refrain from using your name unless legally required to identify the origin of the materials, information, suggestions, ideas, or comments, or unless we have obtained your prior consent.

Governing Law:

By visiting this digital platform, you consent to the applicability of the laws of the State of California, irrespective of principles of conflict of laws, which will govern these Conditions of Use and any potential dispute that might arise between you and us or any of our affiliates.

Dispute Resolution.

THIS DISPUTE RESOLUTION CLAUSE RESTRICTS CERTAIN RIGHTS INCLUDING THE RIGHT TO COMMENCE A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, REPRESENTATIVE, OR COLLECTIVE CLAIM OR ACTION, AND THE RIGHT TO CERTAIN FORMS OF RELIEF. FURTHERMORE, IT MAY ALSO LIMIT RIGHTS THAT YOU OR WE WOULD HAVE IN COURT, INCLUDING APPELLATE REVIEW, WHICH MAY NOT BE AVAILABLE THROUGH THE ARBITRATION PROCESS DESCRIBED HEREIN.

We hereby agree that before resorting to arbitration for resolution of any claim or dispute, we shall endeavour to resolve such disputes informally and in good faith. This includes, but is not limited to, conducting at least one telephonic conversation between the parties. To commence this process of informal dispute resolution, you shall provide written notice detailing the nature of the dispute, the grounds for your claims, the resolution sought, inclusive of any monetary sum, to the following address: 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA 91776, Attention: Chief Legal Officer. Within 60 days of receipt of such notice, both parties shall make a good faith effort to resolve the dispute, which includes participating in a telephonic conversation. Legal representation is allowed during this conversation. If the dispute remains unresolved after such time (which may be extended by mutual agreement), either party may initiate arbitration proceedings. Completion of this informal resolution process is a prerequisite to filing for arbitration. Statute of limitations and filing deadlines shall be tolled during this process. A competent jurisdiction shall have the authority to enforce this arbitration condition precedent.

Should we fail to resolve the dispute informally, we both agree that all claims, controversies, or disputes will be resolved through binding individual arbitration, not through court proceedings. This includes disputes regarding your relationship with us, use of our website, or any products or services offered or purchased. These disputes shall be submitted to confidential arbitration in Los Angeles, California, or another location as deemed appropriate by a competent court. If you violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted according to the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

We agree to bring disputes individually and not on a class, consolidated, representative, collective, or private attorney general basis. If for any reason a claim proceeds in court rather than in arbitration, we both waive the right to a jury trial and participation in class action against the other to the fullest extent permissible by law. You may not consolidate your claim with any non-party claim. The arbitrator shall not preside over any form of class, consolidated, representative, collective, or private attorney general proceeding.

A party may serve an offer of compromise in writing more than ten (10) days before the arbitration hearing. Offers of compromise will be adjudicated and interpreted per Federal Rule of Civil Procedure 68.

If you show that arbitration costs will be prohibitively higher than litigation costs, we will pay as much of the administrative costs and arbitrator’s fees as deemed necessary by the arbitrator to prevent prohibitive arbitration costs. In the final award, the arbitrator may distribute the arbitration costs and the arbitrator’s compensation among the parties as deemed appropriate.

This agreement does not prevent either of us from seeking action by federal, state, or local government agencies. We both retain the right to bring qualifying claims to small claims court or transfer such claims to small claims court. Moreover, we can apply to any competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, without it being deemed incompatible with this agreement or a waiver of the right to have disputes submitted to arbitration.

If any provision of this clause is found invalid or unenforceable, that specific provision will be severed, but the remainder of this clause shall remain in full force and effect. No waiver of any provision of this clause will be enforceable unless recorded in writing signed by the waiving party. The arbitrator may award the same damages or other relief available under applicable law as if the action were brought in court individually. The arbitrator may not issue a “public injunction”, which can only be awarded by a federal or state court. If either party seeks a “public injunction”, all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a “public injunction” stayed until arbitration is completed. Then, the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief”, bound by principles of claim or issue preclusion by the arbitrator’s decision. This clause will survive the termination of your relationship with us.

This Dispute section also contains the “Mass Arbitration Process Requirements” which governs the arbitration process in case twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated. The details of the “Mass Arbitration Process Requirements” are provided in the full version of the Terms and Conditions.

Safeguarding Your Information

In adherence to our continuous pledge to secure your interactions with ToPonts.com, be it known that ToPonts.com will rigorously enforce legal action, to the maximum extent permissible by law, against all illicit or fraudulent transactions.

The last revised on July 22, 2023.

Security & Privacy

Security & Privacy

  1. Introduction

The digital platform (“Website”) is under the purview of The ToPonts Inc, incorporating ToPonts, ToPonts Services, and Toponts 管家服务 (collectively referred to as “ToPonts”, “we”, or “us”). This Privacy Policy governs information collated on this Website, our mobile applications, telephonic interactions with you, and visits to our physical establishments. All ToPonts’ digital domains, including but not limited to ToPonts.com and ToPonts Apps, fall under the remit of this Privacy Policy. The primary objective of this Policy is to provide a comprehensive overview of our practices concerning your personal data. As per the statutes of the European Economic Area (“EEA”) and UK data protection laws, we are the custodian of your personal data.

  1. Security

ToPonts is unequivocally committed to the stringent maintenance of information security standards pertaining to your personal data. We implement a multifaceted strategy involving physical, technical, and administrative procedures to preserve the security and integrity of the personal information we amass. This includes limiting physical or logical access to your data to a restricted personnel and implementing a suite of technical controls to thwart unauthorized access. Additionally, our employees routinely undergo training in security protocols and compliance best practices.

Please acknowledge that data transmission over the Internet may not be entirely secure, thereby necessitating your own proactive measures to protect your personal information. Such measures could comprise, but are not limited to:

  1. Creation of robust, complex, and unique passwords (a minimum of 8 characters comprising a mix of uppercase, lowercase, numerals, and special characters)
  2. Deployment of distinct passwords across various online accounts
  3. Regular updates of your mobile devices and computers with the latest security patches and implementation of anti-virus and other malware protection technologies
  4. Abstention from clicking on links and attachments from unfamiliar senders
  5. Refrainment from providing your credentials or personal data on websites without assurance of their authenticity
  6. Periodic review of your ToPonts account and immediate reporting of any aberrant activity

Be vigilant of potential phishing attempts by entities purporting to be ToPonts or its subsidiaries, soliciting you with promotional offers. In the event of receiving such communications, kindly contact our Customer Care at 1.915.400.1199, available 7 days a week from 10 am to 5 pm PST, to report the incident.

III. Privacy Policy

In accordance with the ongoing evolution of our web-based operations and leveraging technological enhancements to bolster our service offerings, this Privacy Policy is subject to periodic modifications. As a user, you are encouraged to review this Policy on a regular basis to ascertain your understanding of our current data privacy practices. Changes to this policy shall be posted on our Website and the date of the amendment shall be updated accordingly. In certain instances, when the alterations are of significant import, we will disseminate notifications via electronic mail or display an announcement prominently on our Website.

  1. Acquisition and Processing of Personal Data

At various intervals and in diverse locations on this Website, we may request the provision of personal information. In circumstances where you elect not to provide the solicited information, access to the entire breadth of the Website or engagement in all its features may be curtailed.

We may gather and process personal data when you:

  • Access our Website
  • Authenticate your ToPonts account
  • Populate forms on our Website
  • Engage in transactions with ToPonts online
  • Communicate with our Customer Care unit
  • Visit our physical premises or retail outlets
  • Engage with our service representatives
  • Utilize our mobile applications or avail of our in-store WiFi networks
  • Opt-in for our email campaigns or mobile communications, with the provision for unsubscribe or opt-out mechanisms included at the point of sign-up and within each subsequent email or mobile message
  • Disclose information via permitted social media channels

During these interactions, we may collect data including, but not restricted to, your legal name, residential or mailing address, telephone number, date of birth, social media accounts, unique customer requests, financial account numbers (when using credit or debit cards), personal preferences or interests, Social Security Number (in relation to certain services), and driver’s license number (for specific purchases or when applying for our proprietary credit card).

In addition to the above, we may collect:

  • Audio recordings from engagements with our customer care representatives
  • Visual data procured during your visits to our stores
  • Correspondence, inclusive of electronic mails, text messages, chat transcripts and voice calls, with our sales representatives

Upon your voluntary registration as an online customer, you are offered the option to furnish additional data to enhance your user experience. During the registration process, we process your personal data for the completion of your order, as well as to tailor your personal shopping experience. Subject to the confines of pertinent data privacy regulations, your data may be disseminated to third parties for select purposes, such as the fulfillment of your current order or to parties aiding ToPonts in its marketing endeavors.

As an entity domiciled in the United States, any data provided by entities in the EEA and the United Kingdom will be transferred to us, potentially to jurisdictions whose data privacy regulations may differ from those in the EEA or the United Kingdom. By offering your personal data to us, you consent to the transference of this data to us and to other recipients delineated in this policy that are situated outside of the EEA or the United Kingdom. Such consent can be withdrawn at any moment, and such withdrawal will not impact the legitimacy of processing predicated on consent prior to its retraction.

For consumers based in the United States, our web server autonomously collects information such as log data and IP addresses, irrespective of login or data entry on the site. For consumers from the EEA and UK, this type of information is only procured upon receipt of your explicit consent. This information is instrumental in refining our Website design, product offerings, customer service, and promotional initiatives.

In the event you connect to our in-store wireless network, we may autonomously gather anonymized geo-location data based on the accessed wireless network. If you accord explicit permission, we may gather identifiable geo-location data, the collection of which can be subsequently disabled.

Our mobile applications will not transmit geo-location data unless expressly permitted to do so. Certain web browsers and devices permit the broadcasting of a preference to abstain from online tracking. At present, we do not modify your user experience based upon the transmission of such a preference.

  1. Utilization of Personal Data

ToPonts procures your personal data via legitimate and transparent methodologies, with explicit consent sought wherever necessitated. The data collection and processing activities are confined to the scope of our operational necessities, our legitimate interests, and for explicitly stated objectives.

  • The information gathered may be utilized to:
  • Fulfill your transactional requests
  • Deliver services solicited by you, inclusive of addressing your informational needs
  • Distribute our catalogues and other promotional materials
  • Ascertain your product and service preferences in order to notify you of complementary products, services, and promotions potentially catering to your interests
  • Communicate product recall notifications or other pertinent information related to products you have procured
  • Enhance our product range, customer service, and overall retail experience

Evaluate the performance of our Website, identify and resolve functional issues, refine website design and enhance user experience.

ToPonts does not impose decisions that could potentially bear legal implications on you based solely on the automated processing of personal data.

The provision of certain personal data may be mandatory for the successful completion of your transactions. Failure to furnish such data may hinder our ability to finalize your transactions.

For residents of the United States, our marketing activities are governed by compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, the California Consumer Privacy Act, and other relevant legal frameworks.

For residents of the European Union, our marketing activities are conducted solely with your explicit affirmative consent and in conformity with applicable data privacy regulations. EU residents will be incorporated into our marketing communications only upon providing such unambiguous consent.

  1. Disclosure of Personal Information to Third Parties

All information collated as delineated above may be shared amongst all ToPonts entities, including ToPonts Services.

Service Providers: We may divulge information to external entities that aid us in delivering the products and services we offer. For instance, we may collaborate with an external company to: (a) administer a customer information database; (b) assist in disseminating emails; (c) support us with marketing and data collection; (d) provide storage and analysis; (e) assist with fraud prevention; and (f) provide other services designed to maximize our business potential. We require these external entities to uphold the confidentiality of all shared information, use the information solely to fulfill their obligations as per our agreements, and adhere to relevant data privacy laws.

Third-Party Partners: ToPonts may form alliances with select vendors to market products and services we believe may pique your interest based on your preferences. If you prefer not to have your information shared with these carefully chosen external entities, you may email us at Privacy@ToPonts.com or call at 1.915.400.1199

Business Transitions: In the event of a business transition, such as a sale, merger, or consolidation, or other transfer of our assets, whether voluntarily or by operation of law, or any transfer of our rights or obligations under any agreement, we may share or transfer Personal Information to the succeeding party or transferee.

Legal Compliance: We may disclose information when legally compelled to do so, to cooperate with police investigations or other legal proceedings, to deter misuse or unauthorized use of our Website, to limit our legal liability, and to protect our rights or safeguard the rights, property, or safety of website visitors or the general public.

ToPonts collaborates with advertising companies to place our advertisements on various publisher websites. These advertising companies gather anonymous information about your visits to our Website. This process involves third-party cookies that enable personalized advertising catered to your interests. To opt-out of this service we have with our third-party advertising partner, please follow the appropriate link.

VII. Your Rights Pertaining to Your Personal Information

We accord you various choices with respect to our handling of your non-public personal information.

Emails: Should you wish not to receive emails from ToPonts or its affiliates, you may select the “Manage Your Email Preferences” link located at the bottom of any email communication from us and opt for “Unsubscribe” on the subsequent page.

Direct Mail or Telephone Marketing: If you no longer wish to receive in-store or omni-channel promotions after providing your email address to a sales associate, you may unsubscribe by clicking the “Unsubscribe” link at the bottom of the e-receipt, or the link at the bottom of an email sent by the sales associate. Alternatively, you may email privacy@toponts.com. You can also make these requests by calling our toll-free number: 1.915.400.1199.

Please note that due to advanced preparation of customer lists (potentially a few months before an offer is made), you may continue to receive some offers post your request for us to cease the usage of your information for specific marketing purposes. We appreciate your patience and understanding as we fulfill your request.

ToPonts Text Messaging: To discontinue text messages to your mobile phone, reply STOP or text STOP to 78791.

Additionally, for those who hold an account with us, we provide the ability to update, modify and/or delete certain pieces of information. You may also directly write to us at privacy@toponts.com to request such alterations.

VIII. Usage of Cookies, Web Beacons, and Associated Procedures

Like a majority of websites, ours utilizes small data files stored on your computer or mobile device, known as cookies. These consist of two types: session and persistent. Session cookies allow us to recognize your actions during your browsing session. Persistent cookies remain stored on your device after you close your browser, until they expire or you delete them.

Web beacons, usually one-pixel images, are used to transmit information from your device to our Website. These technological tools assist us in providing superior customer service, enhancing our website design, refining product offerings, and executing special promotions by:

  • Tracking items in your shopping cart;
  • Remembering you upon returning to our Website;
  • Identifying the pages you click during your visit;
  • Identifying the Website you visited immediately prior to toponts.com; and
  • Assisting in tracking the reach of our communications, measuring their effectiveness, and refining future communications.

This information aids us in improving our website design, product assortment, customer service, and special promotions. Some cookies are strictly necessary for the Website’s functionality, while others contribute to improving user experience but are not essential.

We may engage with third-party entities that utilize cookies and web beacons to collect information on our behalf or provide services like credit card processing, shipping, promotional services, data management, or website troubleshooting and analytics. We refer to them as our Customer Care Partners. Our contracts prohibit these third parties from sharing the gathered information with anyone other than us or our other Customer Care Partners.

Our Website incorporates third-party retargeting and remarketing features. These technologies enable us to serve personalized advertising to Internet users who have previously visited our Website. The retargeting or remarketing provider will store a cookie on your hard drive, and based on this cookie technology, anonymous user details will be stored – for example, the advertisements you received or clicked, the products you viewed, or whether you made a purchase.

Opt-out options for the retargeting and/or remarketing feature can be accessed through the respective third-party providers’ cookie opt-out pages, provided in the following links:

  • Criteo: https://www.criteo.com/privacy
  • Digital Advertising Alliance Opt Out Tool: http://optout.aboutads.info
  • Google: https://support.google.com/ads/answer/2662922
  • Microsoft / Bing: https://account.microsoft.com/privacy/ad-settings
  • NAI Opt Out Tool: http://optout.networkadvertising.org
  • Rakuten: https://rakutenmarketing.com/legal-notices/services-privacy-policy/
  • RTBHouse: https://www.rtbhouse.com/optout-page

Our websites employ third-party web analytics to monitor site and app traffic as well as visitor behaviors. Information regarding Google Analytics and Adobe Analytics’ privacy practices and opt-out choices are provided in their respective links.

Please note, your opt-out status may be preserved by an “opt-out” cookie on your device. If the cookie is deleted, or you upgrade to a new browser version, change browsers, or visit us from a different device, you will need to repeat the opt-out process.

Our Website integrates social plugins from various providers, including Facebook, Twitter, and Weibo. Upon accessing our websites containing these plugins, the plugin provider may store a cookie in your browser. We do not control the extent of data collected by the provider through the plugin.

These plugins may provide their hosts with information such as your IP address, the time and date of your visit, or your browser type. If you are logged into your account with the plugin provider during your visit and interact with the plugins, the provider may associate this information with your user account. Your interactions may be displayed within the relevant provider’s service.

Even if you are not a member of the relevant provider’s service, they may still, under certain circumstances, obtain and store your IP address. Please refer to the privacy policies of Facebook, Twitter, Pinterest, Instagram, Weibo for information regarding the scope and purpose of data collection, further processing and use of data by the provider, your rights, and opt-out possibilities.

If you do not want the service provider to collect data about you via our websites and link them to the member data stored by the provider, you should log out of your provider account before visiting our websites.

  1. Protection of Children’s Privacy

The preservation of children’s privacy is of utmost importance to us. Our Website is designed for a general audience, and we neither collect nor maintain information from individuals whom we are aware are under the age of 13. Our Website does not intentionally attract individuals under the age of 13. Furthermore, we do not send email correspondence to anyone who discloses they are under 13 without their parent’s consent.

Children below the age of 13 should always seek consent from their parents or guardians before submitting any personal information online. We encourage parents and guardians to actively participate in their children’s online activities and utilize parental control or other web filtering technologies to supervise children’s internet access.

While using our websites, you may encounter links to websites operated by our business partners or other third parties. This does not constitute our endorsement of these websites. We do not make representations or warranties about any third-party website accessed through our site. They operate independently, and we neither control nor bear responsibility for their information or activities.

Furthermore, our privacy practices may differ from those of these other sites. If you disclose personal information at one of these sites, you are subject to the privacy policy of that site operator, not the ToPonts Privacy Policy. We strongly encourage you to understand any website’s privacy policies before disclosing personal information.

  1. Provisions for EEA and UK Residents: Data Storage, Access, The Right to be Forgotten, and Dispute Resolution

We store personal data for variable periods, in line with the purposes for which they were initially collected, as subsequently authorized, or as mandated or permitted under relevant law.

Residents of the EEA and the UK have certain data subject rights, which may be subject to certain limitations and/or restrictions. These rights may include the right to: (i) request access to, rectification, or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. EEA and UK residents wishing to exercise any of these rights should direct their request via email to: Privacy@toponts.com.

Furthermore, EEA and UK individuals have the right to lodge a complaint about the processing of their personal data with their local data protection authority. To contact our privacy protection representative, please email us at Privacy@toponts.com.

  1. Rights of California Residents Pertaining to Data Privacy

If you are a resident of California, kindly refer to our California Privacy Policy.

XII. Rights of Nevada Residents Pertaining to Data Privacy

Nevada residents have the option to opt out of the “sale” of their “covered information,” as defined by Nevada law, by submitting such a request to our designated email address: Privacy@toponts.com.

XIII. Role of the Data Controller

ToPonts, ToPonts Inc, located at 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA 91776, holds the responsibility for your privacy protection and operates as the official service provider. For any queries pertaining to our Website or the information provided herein, or to contact our privacy protection representative, please reach out to us at Privacy@toponts.com.

XIV. Queries or Concerns?

For any questions, contact our privacy team at Privacy@Toponts.com, 1.8866.908.1192, or direct your concerns to: Privacy Department, 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA 91776.

Last Updated: July 20, 2023

Policy on Privacy for California Residents

Policy on Privacy for California Residents

This statement sets forth the privacy practices enacted by The ToPonts Inc, incorporating ToPonts, ToPonts管家服务, (hereinafter referred to as “ToPonts”, “us”, or “our”), in relation to the procurement, handling, and utilization of personal data emanating from your interactions with us, inclusive of our digital platforms and mobile applications. This policy encapsulates our collection and use of Personal Information pertaining to residents of California, incorporating situations where the

practices may be subject to the governance of the California Consumer Privacy Act (CCPA).

This Policy does not extend to data exempt from the disclosure requirements imposed under the CCPA, encompassing data relating to employees and independent contractors, which are addressed in separate disclosures; data relevant to job applicants, and data processed solely within the context of business-to-business interactions. In instances where exceptions to the CCPA apply to a request made by you, we shall provide an explanation to elucidate the basis of the exemption.

  1. Collection of Personal Information in the Previous 12 Months

We collect, process, and store diverse categories of Personal Information. For the purposes of this Policy, “Personal Information” is defined as information that identifies, pertains to, delineates, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a specific consumer or household. It does not include de-identified or aggregate information, or public information that is lawfully accessible from governmental records.

The following table illustrates the categories of Personal Information governed by this Policy that we may have collected in the previous 12 months, and for each category, the sources and purposes of the collected information, and the categories of entities to which we have disclosed the Personal Information.

  1. Personal Identifiers: Including but not limited to name, postal address, Internet Protocol address, email address, social security number, driver’s license number, passport number, or similar identifiers.

Source of Collection: Directly from the Consumers

Purpose of Collection: Facilitation of product and service provision, consumer inquiries response, marketing and promotional activities, disclosure of product purchase information inclusive of recalls, and security and fraud prevention measures.

Entities with which Information was Shared for a Business Purpose: Service providers assisting in the provision of various services including but not limited to email services, marketing and data analytics, data storage, fraud prevention, and other business services aimed at optimizing our business potential.

Entities to which Information was Sold: Select vendors and advertising companies

  1. Protected Characteristics: Such as gender.

Source of Collection: Directly from the Consumers

Purpose of Collection: Facilitation of product and service provision

Entities with which Information was Shared for a Business Purpose: Service providers

Entities to which Information was Sold: Not applicable

III. Commercial Information: Including but not limited to records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.

Source of Collection: Consumers

Purpose of Collection: Facilitation of product and service provision, marketing and improvement of merchandise selections, customer service, and shopping experience

Entities with which Information was Shared for a Business Purpose: Service providers assisting in the provision of various services including but not limited to email services, marketing and data analytics, data storage, fraud prevention, and other business services aimed at optimizing our business potential.

Entities to which Information was Sold: Select vendors and advertising companies

  1. Internet or Other Electronic Network Activity Information: Including but not limited to browsing and search history.

Source of Collection: Consumers, during their visits to our website or app or while logged into their online account

Purpose of Collection: Marketing

Entities with which Information was Shared for a Business Purpose: Service providers assisting in the provision of various services including but not limited to email services, marketing and data analytics, data storage, fraud prevention, and other business services aimed at optimizing our business potential.

Entities to which Information was Sold: Select vendors and advertising companies

  1. Geolocation Data:

Source of Collection: Consumers, when connected to our in-store guest network

Purpose of Collection: Enhancement of customer service and shopping experience

Entities with which Information was Shared for a Business Purpose: Not applicable

Entities to which Information was Sold: Not applicable

  1. Audio, Electronic, Visual Information:

Source of Collection: Consumers who interact with our call center

Purpose of Collection: Facilitation of product and service provision, responding to consumer inquiries, security and crime prevention

Entities with which Information was Shared for a Business Purpose: Not applicable

Entities to which Information was Sold: Not applicable

VII. Inferences Drawn from the Above Information: Utilized to create a profile reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Source of Collection: Service providers conducting analytics

Purpose of Collection: Marketing

Entities with which Information was Shared for a Business Purpose: Not applicable

Entities to which Information was Sold: Not applicable

 

Addendum Pertaining to the Methodology and Rationale Behind the Accumulation and Dissemination of Personal Data

With respect to all categories of data mentioned in the preceding section, it is essential to note that we may engage in the further accumulation and sharing of Personal Data with external entities, primarily in the course of complying with established legal obligations. This course of action is typically employed in scenarios where there is a compelling, good-faith belief that adherence to a specific law is mandated, at the request of governmental entities, or other parties conducting legally sanctioned investigative procedures. This may also occur in the course of detecting and implementing protective measures against fraudulent practices, or to mitigate any identified technological or security vulnerabilities; in response to emergent situations; or as deemed necessary to safeguard the rights, property, safety, or security of our business, external entities, individuals utilizing our websites and mobile applications, or the public at large.

Moreover, we reserve the right to disseminate Personal Data with any individual or entity in the event of a transfer of our rights or obligations under any contractual agreement, or during a sale, merger, or consolidation of our business operations or other transfer of our assets, irrespective of whether this is voluntary or necessitated by law. The receiving party in such cases is regarded as our successor or transferee.

  1. Continuation of Personal Information Collection and the Underlying Rationale

We affirm our intention to persist in the accumulation of the categories of Personal Data delineated in the preceding chart, strictly adhering to the underlying purposes mentioned therein.

  1. Rights of Individuals Pertaining to Personal Data Retained by Us

Right to Demand Disclosure of Data Accumulated and Shared

We affirm our commitment to ensuring transparency in relation to the Personal Data we accumulate. In pursuit of this goal, individuals are free to submit requests detailing the specific pieces of their Personal Data that we have collected, shared for business purposes, or sold within the 12 months preceding our receipt of said request.

  1. Right to Demand Erasure of Personal Data Accumulated from Individuals

It is crucial to underscore the fact that individuals possess the right to demand the erasure of the Personal Data we have collected from them. In accordance with such a request, the individual will cease to receive marketing or other communications from our organization, barring circumstances where such communication is deemed necessary to fulfill a requested service or product; to uphold a contract we have entered into with the individual; to maintain the integrity or security of our systems; or to adhere to or exercise rights provided by law.

  1. Right to Prohibit Sale of Personal Data

Individuals have the prerogative to instruct us not to engage in the sale of their Personal Data. To exercise this right, individuals may click on the following link: Do Not Sell My Personal Information. This link offers a mechanism for individuals to opt-out of the sale of their Personal Data, in accordance with applicable law, and provides a method for the submission of specific Personal Data which we will utilize to confirm the identity of the individual and the validity of the request.

  1. California’s “Shine The Light” Provision

As per California Civil Code Section 1798.83, colloquially known as the “Shine The Light” law, residents of California are entitled to submit annual requests, free of charge, to obtain information regarding any Personal Information disclosed to third parties for direct marketing purposes during the preceding calendar year.

  1. Mechanism for Exercising Rights and the Ensuing Organizational Response

To exercise any of the aforementioned rights, or to make an inquiry, individuals may contact us at 1.915.400.1199 or at Privacy@toponts.com. Upon receipt of such communications, the individual is requested to furnish the following details: full name, physical address, email address, contact number, and a clear statement of the nature of the request.

Upon receipt of requests pertaining to access or deletion, we endeavor to respond substantively within a span of 45 days, although we may be permitted to extend this period under certain circumstances or within specific jurisdictions. Should we anticipate an extended timeframe for the fulfillment of the request, the individual will be duly informed.

While we generally process requests and furnish information free of charge, we reserve the right to impose a reasonable fee to cover our administrative costs of providing the information in specific circumstances.

In certain cases, legal provisions may permit us to refuse to act on specific requests. In such instances, we shall provide an explanation outlining the reasons for our non-compliance.

  1. Identity Verification Procedures for Requests for Access or Deletion

Pertaining to Specific Personal Information Access Requests

Upon receipt of a request for specific items of personal data, we necessitate the disclosure of the following identifiers: full legal name, residential address, email contact, and telephone number, for the express purpose of identity verification. In circumstances wherein we are incapable of verifying your identity with the required degree of certainty, we will be unable to fulfill your request. You will subsequently be notified with a detailed explanation underpinning our denial.

  1. Pertaining to Categories of Personal Information Collection Requests

Upon receipt of a request pertaining to the categories of personal data collected, we necessitate the disclosure of the following identifiers: full legal name, residential address, email contact, and telephone number, for the express purpose of identity verification. If your identity is unable to be confirmed to the degree of certainty required, we will not be equipped to respond to your request and will duly notify you, furnishing an explanation for our denial.

  1. Pertaining to Personal Information Deletion Requests

Upon receipt of a request for the deletion of personal data, we necessitate the disclosure of the following identifiers: full legal name, residential address, email contact, and telephone number, for the express purpose of identity verification. Should we be unable to ascertain your identity to the degree of certainty required, we will inform you of the rationale behind our denial. In such circumstances, we will interpret your request as an opt-out request for the sale of your Personal Information.

  1. Authorized Representatives

You retain the right to appoint an authorized representative to submit requests on your behalf. Said representative may be either a natural person or a business entity duly registered with the California Secretary of State.

In order to appoint a representative, both you and your designated representative must adhere to our verification process. This necessitates you to authenticate your identity by furnishing certain Personal Information, which we will compare against our records. Furthermore, we will require written evidence of your authorized representative’s authority to act on your behalf, detailing the precise nature of their authorization. The representative must provide us with proof of the agency relationship, potentially a sworn affidavit attesting to their identity and your consent for them to act on your behalf. If the representative is a registered business entity, evidence of its registration and good standing with the California Secretary of State is required. The representative’s identification and verification information can be submitted simultaneously with your identity verification information.

This subsection does not apply when an authorized representative is appointed pursuant to a valid power of attorney, in which case such requests will be processed in accordance with California laws relating to powers of attorney.

  1. Pertaining to Household Information Requests

Some categories of Personal Information may be associated with a household (a collective of individuals residing together in a singular dwelling). Requests for access or deletion of such household Personal Information must be made by each household member. We will verify each member’s identity according to the aforementioned criteria. Should we be unable to verify each household member’s identity to the degree of certainty required, we will be unable to fulfill your request and will duly notify you, providing an explanation for our denial.

  1. ‘Do Not Track’ Notices

‘Do Not Track’ is a privacy preference that users may enable in their web browsers. Please be advised that we do not accommodate ‘Do Not Track’ signals.

  1. Digital Marketing Practices

If you desire further understanding about or to opt-out of online behavioural advertising, occasionally referred to as interest-based advertising, we suggest you visit industry-developed opt-out platforms, such as www.youradchoices.com or aboutads.info. We refer you to the cookie policy within our global Privacy Policy for additional information.

  1. Safeguarding the Personal Information of Minors

We acknowledge the primacy of ensuring the privacy of minors. Our website is a generalized platform not intended to engage individuals under the age of 13. We steadfastly avoid the intentional gathering, maintaining, or trafficking of Personal Information related to individuals confirmed to be under the age of 13. Moreover, our website does not possess any sections deliberately designed to appeal to such demographic. In situations where the individual is determined to be less than 13 years old, explicit authorization from a parent or legal guardian is a prerequisite. Conversely, in the case of minors within the age bracket of 13 to 16, we necessitate the procurement of the minor’s express consent.

We strongly advise individuals under the age of 13 to secure approval from their parents or guardians before disclosing any personal information online. Parents and guardians are strongly encouraged to actively engage in their children’s online activities and employ parental control or other web filtering technology to supervise children’s access to the web.

  1. Maintaining the Security of Your Personal Information

In our ongoing commitment to ensuring the integrity of the personal information we handle, we have adopted and continue to uphold reasonable security measures proportionate to the nature of the personal information that we collect, utilize, retain, transfer, or otherwise process. Our security program complies with the pertinent legal provisions and applicable standards as stipulated in the report issued by the California Attorney General in February 2016 (available at https://oag.ca.gov/sites/all/files/agweb/pdfs/dbr/2016-data-breach-report.pdf). As part of our security measures, we incorporate and persistently uphold all 20 of the Center for Internet Security’s Critical Security Controls for Effective Cyber Defense.

We accept that there is no infallible security mechanism and that risk management is an iterative process that cannot wholly eliminate risk. Despite our unwavering commitment to the development, implementation, maintenance, monitoring, and updating of a reasonable information security program, we recognize that not all risks can be reasonably mitigated. As such, data security incidents and breaches may occur due to inherent vulnerabilities, criminal exploits, or other factors beyond reasonable control. The occurrence of any given incident or breach does not necessarily equate to a failure in our part to uphold reasonable security.

  1. Policy Revisions

This Policy is subject to regular evaluations and modifications to ensure compliance with prevailing laws, regulations, technological advances, and security standards. Changes will be notified through updates to the Privacy Policy’s modification date or via postings on the website. If the changes are deemed substantial, we will notify you through email or a prominent notice on our website.

  1. Accessibility Assurance

We are committed to ensuring the accessibility of our communications to individuals with disabilities. Our Website Accessibility Policy provides further details on our commitment to accessibility.

  1. Contact Details

Should you have any queries, kindly reach out to our privacy team at Privacy@ToPonts.com, dial 1.9154001199, or correspond to us at Privacy Department, 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA, 91776.

Last Revision: July 22, 2023

ToPonts Mobile Application Terms Of Use

Toponts Mobile Application Terms Of Use

The following Terms of Use (“Terms”) govern your usage of the ToPonts mobile application (hereinafter referred to as the “App”), presently accessible via the Apple® App Store. Insofar as your utilization of the App facilitates access to the ToPonts website, or your usage of the App otherwise encompasses usage of the ToPonts website, the policies, terms, and conditions dictating your usage of the website (collectively, the “Website Terms”), which are available at www.toponts.com, will apply. In case of a conflict between the Website Terms and these Terms, these Terms shall prevail.

To avail the services of the App, you must download the “ToPonts” App onto your compatible mobile device (currently iOS devices). The ToPonts App comprises various services, each subject to their specific terms as delineated below, in addition to the general terms pertinent to your usage of the ToPonts App. The ToPonts App provides the following services, including general App features:

  • Shop
  • Stores
  • ToPonts Connect
  • InCircle
  • Wish List
  • Touch ID
  • Express Checkout
  • Help

The facilities provided through the ToPonts App, including general App features, are individually referred to as a “Service” and collectively as the “Services.” The App operates on Apple Inc.’s (“Apple”) iOS platform. These Terms of Use constitute an agreement between you and ToPonts only (excluding Apple), and ToPonts, not Apple, bears sole responsibility for the App and Services in accordance with these Terms.

These Terms are structured into three sections. Part One contains provisions that generally regulate your usage of the App. Part Two clarifies essential terms that direct your utilization of the specific Services. Part Three incorporates additional legal terms, including provisions that limit our liability to you and stipulate any potential legal disputes. If you employ a Service, you consent to these Terms.

By downloading the ToPonts App, creating or using an Account (as defined below), or clicking an “I Accept” button concerning the usage of the App, you acknowledge that you have read, agree with, and accept all the terms and conditions in these Terms, as well as our Privacy Policy (“Privacy Policy”) available at neimatopontsarcus.com/service/sitemap.jsp and incorporated in these Terms by this reference. The Privacy Policy is supplementary and not intended to replace any other applicable privacy policy that may be relevant in connection with your use of the Services, including without limitation, any privacy policy between you and your payment card issuer.

DEFINITIONS

For the purpose of these Terms of Use, the following capitalized terms are to be understood as outlined below:

“Intellectual Property Rights” refers to all rights relating to patents, copyrights, mask work rights, moral rights, publicity rights, trademarks, trade dress, service marks, goodwill, trade secrets, and all other intellectual property rights that currently exist or may hereafter emerge. This includes all applications, registrations, renewals, and extensions thereof under the laws of any state, country, territory, or other jurisdiction.

“ToPonts”, “we”, “our”, or “us” signifies The ToPonts Inc, a California corporation with its principal place of business at 425 S California St Ste B, San Gabriel, CA 91776, and its affiliates.

“Payment Card” signifies a valid credit card, debit card, prepaid card, or any other payment method that we have deemed suitable for registration by you to facilitate transaction processing.

“Payment Credentials” refers to the details of your credit card, debit card, prepaid card number(s), or other requisite information for Payment Card acceptance at the point-of-sale.

“Providers” constitutes any licensor, supplier, or third-party service provider engaged by ToPonts for any Service.

“Supported Device” signifies a compatible mobile communication device, inclusive of specified operating system releases and specified mobile wireless carrier networks, which has been approved by ToPonts for use with the ToPonts App. As of the date of these Terms of Use, Apple® devices operating iOS 4 and above are deemed compatible with the ToPonts App.

“Transaction Code” indicates the computer-generated QR code produced upon your request, necessary for facilitating the use of your Payment Card to initiate a payment transaction at a Store.

“You”, “you”, and “your” designate a natural person who applies for, or registers to use, the Services.

“Website” or “ToPonts Website” refers to the website maintained and operated by ToPonts.

PART ONE:

CONDITIONS REGULATING THE EMPLOYMENT OF THE TOPONTS APPLICATION

  1. Implementation and Enlistment of TOPONTS Application.

To assure the uninterrupted utilization of the Services, you are obligated to install all emanating updates for the TOPONTS Application. The usage of certain elements of the TOPONTS Application does not necessitate the formation of a user account (“Account”). This includes actions such as perusing the “Shop” Service or determining a store location via the “Stores” Service. However, specific features and Services require the creation and usage of an Account, encompassing but not limited to:

  • Establishing or supplementing a Wish List;
  • Transacting an item on the Website (there is also an option to complete transactions as a guest or through selected third-party services).

The process of Account creation necessitates the provision of your full legal name, email address, and a unique password. For transactions, additional billing information and payment card details must be provided. All information tendered during the Account creation must be current, precise, and comprehensive. You hereby agree to uphold the accuracy, comprehensiveness, and timeliness of your Account information for the continued utilization of the Services. Periodically, we may forward reminders to review and update your Account information, particularly in circumstances where changes in shipping addresses are noticed or the activation of Location Services whilst using the TOPONTS Application is observed. If information is provided via an alternate means apart from the TOPONTS Application, such as a physical ToPonts store, we may employ such information to update your Account details on our databases. The “Account” section of the TOPONTS Application allows for the viewing of Account details.

  1. Assistance and Customer Service.

Queries or concerns regarding the usage of the TOPONTS Application or Services should be directed to us via telephone at 1.914.400.1199 or via electronic mail at info@toponts.com. You bear the sole responsibility for establishing communication with your payment card issuer pertaining to issues related to payment, card processing, debit, or credit transactions.

  1. Privacy Safeguards.

Upon assent to these Terms of Use, you affirm that you have meticulously read, understood, and accepted the stipulations of the Privacy Policy. During your utilization of the Services, ToPonts may collect data including:

  • Social media identifiers or numbers
  • Legal Name of Cardholder
  • Billing Address
  • Mobile Telephone Number
  • Electronic Mail Address
  • Payment Card Account Identifiers
  • Expiry Dates
  • Security Codes
  • Mobile Phone Identifying Information
  • Geolocation Data (conditional to opt-in)

For further elucidation on our respective rights and obligations concerning this data, refer to the Privacy Policy. ToPonts retains the rights to share your data with our Providers for the facilitation of the Services.

  1. Disclosures and Communications.

You hereby consent that ToPonts can electronically provide these Terms of Use, Privacy Policy (inclusive of revisions or amendments), notices, disclosures, payment authorizations, and any other matter related to your usage of the TOPONTS Application or Services. This is achievable by posting on our Website, within the TOPONTS Application, or via electronic mail sent to the address provided by you in association with your TOPONTS Account. You further consent that such electronic communications hold the same legal validity and effect as if we had provided you with a physical copy. It is advisable to maintain copies of electronic communications by printing a physical copy or storing an electronic copy, as applicable. Electronic communications shall be deemed received by you when posted to our Website, communicated within the TOPONTS Application, or dispatched to the electronic mail address provided during Account registration or as subsequently updated by you within your Account.

  1. Adherence to Third-Party Agreements and Use of Supported Devices.

You hereby covenant to comply with all relevant agreements with third parties when utilizing the TOPONTS Application and Services, including but not limited to, agreements related to your Supported Device with the device manufacturer or contractual obligations to your wireless service provider, encompassing charges relating to messaging and data usage for the Services. ToPonts expressly disclaims any warranty of compatibility between the Services and your Supported Device. Any device that has been altered contrary to the manufacturer’s software or hardware guidelines, including any disabling of hardware or software controls—commonly referred to as “jailbreaking”—does not meet the criteria of compatibility and will not be deemed as a Supported Device. You expressly acknowledge and accept that the use of any modified device or any other device failing to qualify as a Supported Device with the Services is explicitly prohibited, infringes upon these Terms of Use, and serves as a valid ground for the termination of your access to the TOPONTS Application and Services. You further recognize and agree that Apple Inc., including its subsidiaries, are third-party beneficiaries of these Terms of Use and, upon your acceptance of these Terms of Use, Apple Inc. will possess the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

  1. Advertisements, Promotional Content, and Service Notifications.

The TOPONTS Application may exhibit advertisements and promotional content. Such content may also be transmitted to your in-app “Message Board”. If “Push Notifications” are activated on your Supported Device, we may disseminate promotional offers directly to your device. You retain the right to deactivate such Push Notifications within your Supported Device’s settings. In consideration for ToPonts providing you access and usage rights for the TOPONTS Application, you consent to ToPonts placing such promotional messages on its Application and dispatching marketing messages or service-related notifications from ToPonts to you. You will be afforded the opportunity to opt out of receiving future marketing text and email messages. However, we reserve the right to communicate with you about your Account and your usage of the TOPONTS Application via text and email messages.

  1. Security Protocols.

We have instigated both technical and organizational measures with the intention of securing your personal information against accidental loss and from unauthorized access, usage, alteration, or disclosure. Notwithstanding these efforts, we cannot provide assurance that unauthorized third parties will never bypass these measures or misuse your personal information for improper purposes. You explicitly acknowledge that you provide your personal information at your own risk.

You may elect to establish a 2-factor authentication protocol for your ToPonts account either when registering a new account or by logging in and navigating to the My Account page. In certain instances, such as your initial login from a novel computer, we will transmit a one-time security code to your mobile device. Messaging and data rates may apply.

To disengage the 2-factor authentication protocol, select the “Remove” link adjacent to the phone number on the account overview page. To confirm your identity, a one-time security code will be dispatched to the registered email address associated with the account, and upon successful entry of the security code, the 2-factor authentication protocol will be disengaged.

  1. Suspension or Termination Rights.

We reserve the right, at our sole discretion and without any liability to you or any third party, to terminate your use of the TOPONTS Application and your access to some or all Services for any reason, including but not limited to, inactivity or violation of these Terms of Use. Additionally, we maintain the right to suspend your access to the TOPONTS Application or any of the Services if you: (a) have infringed these Terms of Use, (b) present a risk of fraud or chargeback to us, or (c) have provided false, incomplete, inaccurate, or misleading information or have engaged in fraudulent or illegal activities. If it is determined, at our sole discretion, that a payment card associated with an Account poses a risk of fraud, we may suspend or terminate all Accounts linked to that payment card.

  1. Sequelae of Termination.

In correlation with your utilization of the TOPONTS Application or its Services, or any cessation or suspension of the aforementioned, we shall remain absolved of any liability pertaining to any form of compensation, reimbursement, or damages. Should the usage of the TOPONTS Application, an Account, or any of the Services be terminated for any reason or no reason, you hereby consent to: (a) continue to abide by these Terms of Use, retaining responsibility for any transactions processed through utilization of the Services; (b) cease utilization of the TOPONTS Application with immediate effect; (c) the termination of the license provisioned under these Terms of Use; (d) our exclusive right, without obligation, to expunge all of your information and Account data from our servers; and (e) the absolution of ToPonts or any Provider from liability to you or any third party concerning the cessation of access to the TOPONTS Application or the Services, or the deletion of your information or Account data.

Part Two:

  1. Provisions of the TOPONTS Application
  1. Shop Functionality.

The Purchase functionality affords you the capability to execute acquisitions via the TOPONTS Application. We may offer you avenues to engage with a sales associate via telecommunication, text message, electronic mail, or FaceTime using the contact details we make available. Kindly refer to the Website Terms of Use for comprehensive details.

  1. Store Finder.

The Store Finder provision facilitates you in pinpointing our physical outlets. If you activate location services, the TOPONTS Application will assist you in determining the proximate store locations.

  1. TOPONTS Connect.

TOPONTS Connect consolidates information pertinent to our products and services, inclusive of blog entries. If you submit commentary on any of our blog posts, you accede to our potential publication of your commentary, either in full or partial form. We do not guarantee the posting of all commentaries received. We maintain the discretion to eliminate or modify any commentary that is found to be false, offensive, contravening any legal norms or the rights of third parties, breaching these Terms of Use, or defamatory or repetitious. By providing content, you confirm and assure that you retain the rights to the content or are legally authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and you grant us equivalent rights. You irrevocably renounce any claims founded on moral rights or comparable theories, if any exist. We reserve the prerogative to disclose your identity and the content of your submissions in response to legal proceedings by any party, or in response to an invocation by a government authority, or in defense in a lawsuit in which we are a party.

  1. Wish List Facility.

The Wish List facility allows for items to be saved for future reference or shared with acquaintances and relatives.

  1. Biometric Authentication.

Biometric Authentication utilizes your fingerprint as a surrogate for a password to validate your identity during login or the execution of a purchase. To employ this feature, your device must be compatible with Biometric Authentication, and you must enable it on your device. ToPonts bears no responsibility for the performance or security of your device or any hardware or software involved. The sole responsibility for the safeguarding of your login and credential information resides with you.

  1. Express Checkout Provision.

The Express Checkout Provision enables users to acquire a singular merchandise item via an expedited checkout procedure. By enabling Express Checkout, you acknowledge and consent that your payment method may be charged and your purchase consummated via the Express Checkout process. Express Checkout is solely available for purchases originating from and destined for the Continental United States.

  1. Provision of License.

ToPonts hereby confers upon you a personal, constrained, non-assignable, revocable, non-transferrable license, devoid of the prerogative to sublicense. This license entitles you to download and employ the TOPONTS Application and its related Services on a Supported Device within the territory of the United States. This license is provisioned solely for the limited purpose of utilizing the TOPONTS Application on a Supported Device of which you possess ownership or control and in adherence with the Usage Rules stipulated within the Apple App Store Terms of Service. The TOPONTS Application encapsulates software, programs, documentation, tools, internet-oriented services, constituents, and any updates thereto (inclusive of software maintenance, service information, help content, bug remedies, or maintenance releases) furnished by ToPonts. ToPonts retains exclusive responsibility for the provision of maintenance and support services regarding this TOPONTS Application, and you acknowledge Apple’s non-liability in furnishing any maintenance and support services pertinent to the TOPONTS Application. Provided these Terms of Use have not been terminated on account of your breach or otherwise, you shall possess entitlement to download updates to the TOPONTS Application when they are made accessible to you, contingent upon any additional stipulations made known to you at that juncture.

  1. Limitations on Use.

While ToPonts desires for you to avail of the Services, you are prohibited from, nor may you authorize any third party to, engage in any of the following: (i) unauthorized access or attempt to gain unauthorized access to ToPonts or its Providers’ systems, programs, or data not intended for public use; (ii) unauthorized copying, reproducing, republishing, uploading, posting, transmitting, reselling, or distribution of the TOPONTS App, Services, or other material from ToPonts or its Providers, or storing or integrating the TOPONTS App and/or Services into any information retrieval system, whether electronic or mechanical; (iii) facilitating any third party’s use or advantage from the TOPONTS App and/or Services through rental, lease, timesharing, service bureau, or other arrangements; (iv) transferring any rights conferred upon you by these Terms of Use; (v) circumventing any technical restrictions of the TOPONTS App and/or Services, making attempts to gain unauthorized access to restricted areas of the TOPONTS App and/or Services, or using tools to enable disabled features or functionalities, copying, emulating, cloning, renting, leasing, selling, commercially exploiting, modifying, decompiling, disassembling, distributing, reverse engineering, or transferring the TOPONTS App and/or Services or any portion thereof; (vi) performing or attempting to perform actions that could compromise the security or functioning of the TOPONTS App and/or Services, obstruct access or usage of the TOPONTS App and/or Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure, as determined solely by us; (vii) employing the TOPONTS App and/or Services in a manner that could be deemed false, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, intrusive of another’s privacy, or in violation of any third-party rights; (viii) failing to adhere to any other requirements, restrictions, or limitations imposed by ToPonts or by your payment card issuer from time to time; or (ix) any other utilization of the TOPONTS App and/or Services not explicitly permitted under these Terms of Use.

The TOPONTS App and its Services shall not be employed in association with the sale or exchange of any illegal goods or services or any other illicit transaction.

The TOPONTS Application and the Services are licensed, not transferred, to you. ToPonts, acting on behalf of itself and its licensors and suppliers, reserves all rights not expressly granted to you under these Terms of Use. The TOPONTS Application and the Services are safeguarded by copyright, trade secret, and other intellectual property laws. You hereby acknowledge and agree that ToPonts, its Providers, or their respective licensors, possess the lawful ownership or hold the legal rights and title to the copyright and other worldwide Intellectual Property Rights (as defined hereinabove) in the Services and the TOPONTS Application, including all copies thereof. These Terms of Use do not confer to you any rights to the trademarks or service marks of ToPonts, its Providers, or their respective licensors.

You may elect, or we may solicit your participation in, submitting information, materials, suggestions, commentary, or ideas pertaining to the TOPONTS Application and/or the Services, including but not limited to suggestions for enhancing the TOPONTS Application, Services, or our other products or services (“Submissions”). With the provision of any Submission, you grant us an irrevocable, unrestricted license to utilize, modify, reproduce, disseminate, display, and distribute said Submission for any purpose whatsoever, including, but not limited to, improving the TOPONTS Application or Services based on your Submission, with no compensation or other consideration payable to you. You acknowledge that ToPonts, through acceptance of your Submission, does not waive any rights to use similar or related ideas previously known to ToPonts, or developed by its employees, or obtained from sources other than you.

In the event that a third party alleges that the TOPONTS Application or Services, or your possession and use thereof, infringes upon their Intellectual Property Rights, ToPonts, not Apple, shall assume exclusive responsibility for the investigation, defense, resolution, and discharge of any such intellectual property infringement claim.

  1. Relationship Between Parties.

Nothing within these Terms of Use shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and ToPonts. You are expressly precluded from having any authority to create any obligation or make any representation on behalf of ToPonts.

You shall indemnify and hold harmless ToPonts, its Providers, and their respective employees, directors, agents, affiliates, and representatives, against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including but not limited to reasonable attorneys’ fees) arising from any claim, action, audit, investigation, inquiry, or other proceedings initiated by a person or entity that emerges out of or relates to any actual or alleged breach of your representations, warranties, or obligations under these Terms of Use, your wrongful or improper use of the TOPONTS Application and/or Services, any transaction submitted by you through the Services, your violation of any third-party rights or any law, rule or regulation of the United States or any other country, and any other party’s access and/or use of the Services with your Supported Device and/or your unique username, password, or other appropriate security code.

  1. Representations and Warranties.

You covenant and warrant to us that: (a) you are of at least eighteen (18) years of age; (b) you are eligible to register and utilize the Services and possess the requisite right, power, and capacity to enter into and perform under these Terms of Use; (c) the name identified by you during your registration is your lawful name; (d) you will satisfy all obligations to ToPonts when submitting a transaction through the Services; (e) you and all transactions initiated by you through the Services will comply with all federal, state, and local laws, rules, and regulations applicable to your jurisdiction, inclusive of any tax laws and regulations; (f) you will not exploit the Service, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the use of the Service; (g) your primary domicile is within the United States; (h) you are not situated in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; (i) you are not listed on any U.S. Government list of prohibited or restricted parties; and (j) you are the lawful proprietor of the payment card(s) you are registering, and said payment card(s) have been issued in your name.

  1. No Warranties.

SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOPONTS APPLICATION AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE USE OF THE TOPONTS APPLICATION AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY THE APPLICABLE LAW, THE TOPONTS APPLICATION AND SERVICES ARE DISPENSED WITHOUT WARRANTIES OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, OR NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, ACQUIRED BY YOU FROM TOPONTS, THE PROVIDERS, THEIR RESPECTIVE LICENSORS, OR THROUGH THE TOPONTS APPLICATION OR SERVICES, WILL ESTABLISH ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

NOTWITHSTANDING THE FOREGOING, NEITHER TOPONTS, THE PROVIDERS, NOR THEIR RESPECTIVE LICENSORS, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES GUARANTEE OR WARRANT THAT (i) THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (ii) THE TOPONTS APPLICATION OR SERVICES WILL FULFILL YOUR EXPECTATIONS OR REQUIREMENTS; (iii) THE TOPONTS APPLICATION OR SERVICES WILL BE ACCESSIBLE AT ANY PARTICULAR TIME OR LOCATION, CONTINUOUS, ERROR-FREE OR SECURE; (iv) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THE TOPONTS APPLICATION OR SERVICES AND RELATED SOFTWARE ARE OR WILL BE FREE OF VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ANY CONTENT OBTAINED OR ACCESSED THROUGH THE USE OF THE TOPONTS APPLICATION OR SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SUPPORTED DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACCESS OR USE.

NEITHER TOPONTS NOR ANY OF ITS PROVIDERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOPONTS APPLICATION OR SERVICES, ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. ADDITIONALLY, NEITHER TOPONTS NOR ITS PROVIDERS WILL BE A PARTY TO, OR IN ANY WAY SUPERVISE, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE EXTENT THAT ANY WARRANTIES CANNOT BE EFFECTIVELY DISCLAIMED WITH RESPECT TO THE TOPONTS APPLICATION, BETWEEN APPLE AND TOPONTS, SUCH WARRANTIES SHALL BE THE SOLE RESPONSIBILITY OF TOPONTS.

IN THE EVENT OF ANY FAILURE OF THE TOPONTS APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, APPLE SHALL HAVE NO WARRANTY OBLIGATION WHATSOEVER RELATING TO THE TOPONTS APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES RESULTING FROM ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE EXCLUSIVE LIABILITY OF TOPONTS.

  1. LIMITATION OF LIABILITY AND DAMAGES.

IN COMPLIANCE WITH THE MAXIMUM LIMITATIONS IMPOSED BY RELEVANT LAW, UNDER NO CIRCUMSTANCES SHALL TOPONTS, THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES PERTAINING TO LOSS OF PROFITS, GOODWILL, USE, DATA, INTANGIBLE LOSSES, OR BUSINESS INTERRUPTION ARISING FROM THE UTILIZATION OF, INABILITY TO UTILIZE, OR UNAVAILABILITY OF THE TOPONTS APPLICATION OR SERVICES. UNDER NO EVENT SHALL TOPONTS, THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, TOPONTS APPLICATION, OR INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER TOPONTS, THE PROVIDERS, NOR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES BEAR ANY LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SERVICES OR TOPONTS APPLICATION; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) BUGS, VIRUSES, OR OTHER MALICIOUS SOFTWARE TRANSMITTED THROUGH THE SERVICE; (VI) ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE RESULTING FROM THE USE OF CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL TOPONTS, THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS EXCEEDING THE SUM OF $11.99, ARISING FROM OR RELATED TO YOUR USE OF THE TOPONTS APPLICATION OR SERVICES.

THIS SECTION ON LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS FOUNDED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TOPONTS, THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Please be advised that certain jurisdictions do not allow the exclusion or limitation of certain warranties and conditions, or the disclaimer of certain types of damages. Hence, some of the above may not apply to you.

The Services are controlled and operated from facilities within the United States. Your agreement not to use the Services outside of the United States is hereby recognized, and ToPonts provides no assurances that the Services are appropriate or available for use in locations outside of the United States. The Services may not be utilized if you are a resident of a country other than the United States. Unless explicitly stated otherwise, all materials related to the Services are primarily targeted at individuals, companies, or other entities located in the United States.

You recognize that ToPonts, not Apple, is responsible for addressing any claims made by you or any third party relating to the TOPONTS Application or your possession and/or use of the TOPONTS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the TOPONTS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  1. Entire Agreement and Severability.

Unless expressly stipulated within the present Terms of Use, this document embodies the exhaustive contractual agreement between yourself and ToPonts. It demarcates the entire extent of liability pertaining to ToPonts, inclusive of its vendors, suppliers and service processors, and determines your exclusive legal remedy in relation to your access to and use of the Services. If, in any event, a provision of these Terms of Use is declared as void or unenforceable in accordance with applicable law, such provision will be revised and construed so as to best achieve the original objectives to the maximum extent permitted by law, and the remaining provisions shall continue in unabated force and effect.

  1. Interpretation Guidelines.

Any headings or captions contained herein are employed merely for ease of reference and shall not in any way contribute to the interpretive scope of the provisions. The terms “hereof,” “herein,” and “hereunder” should be understood to refer to these Terms of Use in their totality, as opposed to any particular portion thereof. The word “including” shall be construed to mean “including but not limited to”. All linguistic variations, whether singular or plural, or gendered, shall be deemed mutually interchangeable as appropriate.

  1. Non-Waiver.

The absence of, or delay in, the exercise or enforcement of any right or provision contained within these Terms of Use shall not be interpreted as a waiver of such right or provision.

  1. Governing Law and Venue.

Your use of the TOPONTS App or the Services signifies your acceptance that these Terms of Use and any potential dispute that may arise between you and us will be governed by the laws of the State of California, without any regard to conflict of law principles.

  1. Language

This Agreement is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding upon the parties. All communication, notices, or other documents to be made, given, or approved pursuant to this Agreement shall be made in the English language.

  1. Dispute Resolution.

THIS DISPUTE RESOLUTION CLAUSE RESTRICTS CERTAIN RIGHTS INCLUDING THE RIGHT TO COMMENCE A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, REPRESENTATIVE, OR COLLECTIVE CLAIM OR ACTION, AND THE RIGHT TO CERTAIN FORMS OF RELIEF. FURTHERMORE, IT MAY ALSO LIMIT RIGHTS THAT YOU OR WE WOULD HAVE IN COURT, INCLUDING APPELLATE REVIEW, WHICH MAY NOT BE AVAILABLE THROUGH THE ARBITRATION PROCESS DESCRIBED HEREIN.

We hereby agree that before resorting to arbitration for resolution of any claim or dispute, we shall endeavour to resolve such disputes informally and in good faith. This includes, but is not limited to, conducting at least one telephonic conversation between the parties. To commence this process of informal dispute resolution, you shall provide written notice detailing the nature of the dispute, the grounds for your claims, the resolution sought, inclusive of any monetary sum, to the following address: 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA 91776, Attention: Chief Legal Officer. Within 60 days of receipt of such notice, both parties shall make a good faith effort to resolve the dispute, which includes participating in a telephonic conversation. Legal representation is allowed during this conversation. If the dispute remains unresolved after such time (which may be extended by mutual agreement), either party may initiate arbitration proceedings. Completion of this informal resolution process is a prerequisite to filing for arbitration. Statute of limitations and filing deadlines shall be tolled during this process. A competent jurisdiction shall have the authority to enforce this arbitration condition precedent.

Should we fail to resolve the dispute informally, we both agree that all claims, controversies, or disputes will be resolved through binding individual arbitration, not through court proceedings. This includes disputes regarding your relationship with us, use of our website, or any products or services offered or purchased. These disputes shall be submitted to confidential arbitration in Los Angeles, California, or another location as deemed appropriate by a competent court. If you violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted according to the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

We agree to bring disputes individually and not on a class, consolidated, representative, collective, or private attorney general basis. If for any reason a claim proceeds in court rather than in arbitration, we both waive the right to a jury trial and participation in class action against the other to the fullest extent permissible by law. You may not consolidate your claim with any non-party claim. The arbitrator shall not preside over any form of class, consolidated, representative, collective, or private attorney general proceeding.

A party may serve an offer of compromise in writing more than ten (10) days before the arbitration hearing. Offers of compromise will be adjudicated and interpreted per Federal Rule of Civil Procedure 68.

If you show that arbitration costs will be prohibitively higher than litigation costs, we will pay as much of the administrative costs and arbitrator’s fees as deemed necessary by the arbitrator to prevent prohibitive arbitration costs. In the final award, the arbitrator may distribute the arbitration costs and the arbitrator’s compensation among the parties as deemed appropriate.

This agreement does not prevent either of us from seeking action by federal, state, or local government agencies. We both retain the right to bring qualifying claims to small claims court or transfer such claims to small claims court. Moreover, we can apply to any competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, without it being deemed incompatible with this agreement or a waiver of the right to have disputes submitted to arbitration.

If any provision of this clause is found invalid or unenforceable, that specific provision will be severed, but the remainder of this clause shall remain in full force and effect. No waiver of any provision of this clause will be enforceable unless recorded in writing signed by the waiving party. The arbitrator may award the same damages or other relief available under applicable law as if the action were brought in court individually. The arbitrator may not issue a “public injunction”, which can only be awarded by a federal or state court. If either party seeks a “public injunction”, all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a “public injunction” stayed until arbitration is completed. Then, the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief”, bound by principles of claim or issue preclusion by the arbitrator’s decision. This clause will survive the termination of your relationship with us.

This Dispute section also contains the “Mass Arbitration Process Requirements” which governs the arbitration process in case twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated. The details of the “Mass Arbitration Process Requirements” are provided in the full version of the Terms and Conditions.

  1. Statute of Limitations.

Pursuant to any prevailing law that may mandate a different period, any legal action or proceeding instigated by you to enforce a right, obligation, or duty arising under these Terms of Use or statutorily must be initiated within a period of one year from the date upon which the cause of action accrues.

  1. Rights to Amend the Terms of Service.

ToPonts retains the discretionary authority to alter or append these Terms of Use at any juncture, in addition to modifying, discontinuing, or imposing conditions on any element or facet of the TOPONTS Software or Services, subject to a provision of notice deemed reasonably sufficient under our sole discretion. Such modifications become operative upon being displayed within the TOPONTS Software or our Website. The extant Terms of Use may be requested via email at info@toponts.com. Subsequent to modifications, continued usage of the TOPONTS Software or Services implies your assent and agreement to the Terms of Use in their amended form.

The rights and licenses conferred upon you by these Terms of Use are non-transferable and non-assignable by you. ToPonts, however, retains an unrestricted right to assign these Terms and the rights and licenses herein.

Communications to ToPonts must be dispatched via postal mail to: 425 S CALIFORNIA ST STE B, SAN GABRIEL, CA 91776 or via electronic mail at info@toponts.com. Notice to you may be delivered via SMS to the mobile number associated with your Account, through the TOPONTS Software, or via email to the address associated with your Account. Maintenance of current contact information in your Account is recommended.

  1. Hyperlinks to External Websites; Social Media.

ToPonts categorically disclaims any liability resultant from or associated with your access or use of third-party websites. Be advised that the protections of our Privacy Policy are not operative when you access another website via a hyperlink. Your engagement with any other website is subject to that website’s unique rules, policies, and terms and conditions. You acquiesce to bear any risks associated with such access, and these Terms of Use do not govern your use of the website.

ToPonts may permit the use of various social networking platforms (collectively referred to as “Social Media”) for communication and information sharing related to the TOPONTS Software and Services. If you elect to use Social Media, you bear the sole responsibility for ensuring compliance with all pertinent laws, rules, regulations, these Terms of Use, and the terms, conditions, and restrictions of the respective Social Media platform. ToPonts disavows any liability for emails dispatched or received via this feature.

In the event that you share information via email functionality, you warrant and represent that you possess the authority to supply the recipient’s email address and expressly authorize us to send the email on your behalf. The recipient must be a legal resident of the 50 United States or the District of Columbia and be of the legal age of majority in their jurisdiction of residence. ToPonts reserves the right to refrain from transmitting any email if the recipient has opted out of receiving such communications from ToPonts, and this opt-out provision applies to this type of communication.

  1. Observance of Export Control Laws.

You hereby acknowledge and confirm that the statutes, ordinances, and regulations promulgated by the United States and various foreign governments may impose prohibitions on the export and re-export of the TOPONTS Application. In recognition of these restrictions, you hereby covenant and affirm that you shall refrain from directly or indirectly exporting or re-exporting the TOPONTS Application in any form, or to any recipient, whether within the territorial boundaries of the United States or beyond, in violation of any applicable United States or foreign export control laws, rules, or regulations.

  1. Survival of Provisions.

In the event of termination or expiration of these Terms of Use, any provision that by its nature or implicit effect should survive, including but not limited to those related to indemnification, limitations of liability, and dispute resolution, shall remain in full force and effect, and shall survive such termination or expiration of these Terms of Use.

For any inquiries or concerns arising out of, or related to, your usage of the TOPONTS Application or Services, you may reach out to us through our dedicated telephone line at 1.914.400.1199, or via electronic mail correspondence at info@toponts.com.

These Terms of Use were last amended and became effective as of July 22, 2023.

Protection Against Fraudulent Practices

Protection Against Fraudulent Practices

The protection of your private and confidential data is of utmost importance to ToPonts. In recognition of the potential threat of internet scams, we present an enumeration of common cyber-criminal strategies along with suggestions to aid you in your defense against unauthorized access and identity theft.

Misleading Employment Propositions via Electronic Mail

It has come to our attention that certain entities have been known to disseminate electronic correspondence presenting false employment offers, purporting to represent ToPonts. These messages may superficially appear legitimate and often fraudulently claim to be sent from a representative of ToPonts’ executive body or human resources department. Such communications may demand payment of a processing fee or offer to remunerate for expenses related to job application or relocation.

These correspondences are categorically false. ToPonts does not extend employment propositions via electronic mail to individuals with whom we have no pre-existing contact. Moreover, we do not mandate potential employees to remit a fee to secure a position or receive a job offer. No recruitment agents or external parties are authorized to conduct such activities on our behalf. Such fraudulent job offers should be completely disregarded, and we implore you to report such incidents to the U.S. Secret Service or our security team.

Cautionary Note Regarding Phishing and Spoofing

Certain unscrupulous entities might resort to the transmission of fraudulent messages or hyperlinks, leading to deceptive websites and impersonating legitimate business organizations. The underlying objective of such schemes is to illicitly acquire sensitive financial data, including, but not limited to, personal identifiers, Social Security numbers, credit card or bank account details, personal identification numbers (PINs), and passwords.

Pop-Up Advertisements Warning

It has been observed that certain pop-up advertisements proclaiming prize winnings or soliciting participation in surveys may appear on your browser. These advertisements may request personal information allegedly to facilitate the delivery of the prize. Interaction with such links could potentially lead to the introduction of harmful viruses into your system designed to capture or delete your information.

Counterfeit Check Fraud Alert

On occasion, fraudulent communications may be circulated that may include a check purportedly issued by The ToPonts Inc. or one of our divisions. Such checks, despite their authentic appearance, are fraudulent and might carry the ToPonts Inc. trademark illegitimately. These communications often instruct the immediate deposit of the check, following which you are asked to remit payment to a third party. We advise against compliance with these instructions as the check provided to you will invariably bounce, while any payment you make will be irrevocably processed.

Advised Precautions

Do not respond to emails of questionable origin.

Refrain from divulging personal information via email.

Validate the request by contacting the business through verified contact information.

Access websites by typing their URL directly into your browser, avoiding clicking on provided hyperlinks.

Exercise caution with requests soliciting check deposits or fee payments.

It is recommended that fraudulent activities be reported to the Federal Trade Commission, your state’s attorney general’s consumer protection office, or the FBI. Complaints can be submitted online at https://reportfraud.ftc.gov/#/ and white-collar crimes can be reported to the FBI at www.ic3.gov/complaint/default.aspx.

Last updated on the 22nd day of July the, 2023.

Website Accessibility Policy

Website Accessibility Policy

The ToPonts Inc is steadfast in its dedication towards fostering diversity, promoting inclusion, and facilitating accessibility across all of our operations, including our digital interfaces. This Accessibility Policy outlines the extent, standards, and industry best practices that we engage to ensure our online presence serves our diverse customer base. We are committed to adopting reasonable and good faith efforts towards achieving substantial compliance with accessibility standards.

We actively incorporate accessibility considerations within our foundational best practices for application development:

Accessibility Measures:

  •  Introduction of ‘skip to content’ function
  •  Inclusion of outline focus for all elements capable of focus
  •  Extraction of the target attribute from hyperlinks
  •  Implementation of landmark roles to all hyperlinks
  •  Provision of a customizer for style modifications
Warranty Information

Warranty Information

Certain products listed on our website are subject to a manufacturer’s warranty, as specified within the individual product description. To procure a written Warranty  for any of these items, a detailed written requisition must be dispatched to the following:

  • The ToPonts Inc., situated at 425 S California St, San Gabriel, CA 91776

The recently updated on July 22, 2023.

en_USEnglish