Terms & Conditions
Terms and Conditions
Thank you for visiting our website. These Terms & Conditions apply to all transactions throughout our website and are set forth below. Please read through these Terms & Conditions carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which forms part of these Terms & Conditions and is incorporated by reference herein. We may change these terms from time to time without notice to you. Changes will apply to any subsequent orders received. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms & Conditions. Results of using TopForm supplement products may vary. For questions regarding these Terms & Conditions, please contact us at 877-999-7813.
Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold by www.mytopform.com have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results
1. Age Requirement. This Website, Autoship and/or the Online Products offered are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
2. Autoship Terms and Conditions.
You must pay a shipping and handling fee of $4.95 for us to send you a 14 day trial supply of TopForm NO3 Max Pump. We ship the product the day after you place your order (except that orders placed Friday-Sunday will be shipped the following Monday). We allow up to 3 days for you to receive the trial supply. Thus, in order for you to have 14 days to try the product, we consider the end date for your trial period to be 17 days after you place your order, which is 14 days plus 3 days for processing and transit.
If you do not call customer service to cancel within [17] days of ordering your free trial, you will continue with our auto-ship program.
Unless you cancel before the end of your trial period as specified above, you will be billed $59.95 for the initial product, seventeen days from placing the order, and enrolled into the Team TopForm Autoship program. Thereafter, you will continue to receive a fresh 30-day supply of TopForm NO3 Max Pump every 30 days for as long as you stay a member of our auto-ship program. The card you provided when you ordered the trial product will be automatically charged $59.95 (plus tax if applicable) when each new product ships. To cancel future shipments in the auto-ship program, you must call 877-999-7813 at least 1 day prior to the date that your next monthly delivery ships. Our customer service center hours are Mon-Fri: 9am – 5pm PST.
3. Return and Refund Policy. Top Form Inc. retains a total guarantee of customer satisfaction on all TopForm auto-ship products. If you, the buyer, are unhappy with the product for any reason — even if you’ve used the full supply of the supplement— you can return the empty bottle for a full refund of the purchase price minus shipping and handling. Any and all items must be accompanied by a company issued Return Material Authorization (RMA) number. The RMA number must appear on the OUTSIDE of the shipping box. To obtain an RMA, please follow the 3 steps outlined below:
1. E-mail our Customer Service Department at support@mytopform.com or call 877-999-7813 Mon-Fri 9am – 5pm PST to receive an approved, Return Material Authorization Number (RMA#). Please label your e-mail subject line, “Request for Return Material Authorization (RMA) Number.” In the body of your e- mail, please include your (a) full contact information, including your first and last name and/or company
2. 2. Within 48 hours of our receipt of your e-mail, our Customer Service Department will review the information you have provided, and e-mail or call you back with a Return Material Authorization Number (RMA#). Please do not send any product to us unless you have received your RMA#. Once you have received your RMA#, please securely package your TopForm NO3 Max Pump kit in the original packaging and include within your package a copy of your purchase receipt, and the e-mail from our Customer Service Department, with your RMA#.
3. 3. Once our Customer Service Department has received the product you have returned, we will then send you a confirmation e-mail indicating our receipt of same, and our e-mail to you will include an estimated time of delivery of your replacement TopForm NO3 Max Pump product and/or components or if you are returning the product for a refund, you will receive an e-mail confirmation indicating a refund credit to the credit card used for the initial purchase. You will still be responsible for the shipping fees for returned products to us at the address shown below. We do not accept C.O.D. shipments.
Should you have any questions regarding our Product Return Policy, you may also call our Customer Service Department at 877-999-7813 Return Products to:
Contact: Returns Department MS#990
317 W. Quail Trax Place
Murray, UT 84107
support@mytopform.com
4. Cancellation. As noted above, you may cancel your monthly autoship to the TopForm NO3 Max Pump by calling customer service at: 877-999-7813 MON – FRI, 9am – 5pm PST. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your autoship is your sole right and remedy with respect to any dispute with TopForm NO3 Max Pump.
5. Charge Backs and Reversals. All chargebacks and reversals are treated as potential cases of fraudulent use of our services/products and/or theft of services/products. Cases where we have provided a product and where product has been verified, i.e., a client has received a product, whether or not they have used the product in any way, possible actions taken by the company may include filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. All cases of chargeback requests will be vigorously fought by the Company. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.
6. Copyright and Trademarks. TopForm NO3 Max Pump and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by TopForm. All other trademarks, product names, company names and logos appearing on this website are the property of their respective owners. This website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All content is copyrighted as a collective work under the United States copyright laws, and TopForm owns a copyright in the selection, coordination, arrangement and enhancement of such content. All rights to such content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
7. Indemnification. You agree to indemnify and hold TopForm its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of TopForm NO3 Max Pump its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TopForm MAKES NO WARRANTY THAT THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TopForm OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TopForm SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TopForm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (Bi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TopForm FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TopForm TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU OR TopForm MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TopForm. ACCESS TO THE WEBSITE AND/OR THE ONLINE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS TOPFORM’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Third Party Websites. The Website contains links to other websites on the Internet that are owned and operated by third parties. TopForm does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by TopForm of the applicable website or any association with the website’s operators. Because TopForm has no control over such websites and resources, you agree that TopForm is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that TopForm shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
11. Miscellaneous. The Agreement shall be treated as though it were executed and performed in and shall be governed by and construed in accordance with the laws of the (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and TopForm and governs your use of the Website. TopForm’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement
12. Questions? If you have any questions or concerns regarding this Terms and Conditions, please contact us by calling 877-999-7813 MON – FRI, 9am – 5pm PST
Return and Refund Policy. Any and all items must be accompanied by a company issued Return Material Authorization (RMA) number. The RMA number must appear on the OUTSIDE of the shipping box. To obtain an RMA, please follow the 3 steps outlined below:
1. E-mail our Customer Service Department at support@mytopform.com or call 877-999-7813 MON – FRI 9am – 5pm PST to receive an approved, Return Material Authorization Number (RMA#). Please label your e-mail subject line, “Request for Return Material Authorization (RMA) Number.” In the body of your e-mail, please include your (a) full contact information, including your first and last name and/or company name, (b) order number, (c) purchase date, (d) telephone, (e) e-mail address, (f) shipping address and (g) the reason for the return, providing a detailed explanation of the difficulty you are experiencing with the unit and/or any of its components. All of these information entries are required for processing your request.
2. Within 48 hours of our receipt of your e-mail, our Customer Service Department will review the information you have provided, and e-mail or call you back with a Return Material Authorization Number (RMA#). Please do not send any product to us unless you have received your RMA#. Once you have received your RMA#, please securely package your TopForm NO3 Max Pump kit in the original packaging, and include within your package a copy of your purchase receipt, and the e-mail from our Customer Service Department, with your RMA#. Also, please print your RMA number on the outside of the return package.
3. Once our Customer Service Department has received the product you have returned, we will then send you a confirmation e-mail indicating our receipt of same, and our e-mail to you will include an estimated time of delivery of your replacement TopForm NO3 Max Pump product and/or components or if you are returning the product for a refund, you will receive an e-mail confirmation indicating a refund credit to the credit card used for the initial purchase. You will still be responsible for the shipping fees for returned products to us at the address shown below. We do not accept C.O.D. shipments.
Should you have any questions regarding our Product Return Policy, you may also call our Customer Service Department at 877-999-7813
Return Products to:
Returns Department MS#990
317 W Quail Trax Place
Murray, UT 84107
support@mytopform.com
