Terms & Condtions

LAST REVISION: 01-April-2024 PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website,

www.topeyskitchen.com (the "Website"), Topey's Kitchen ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Topey's Kitchen reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Topey's Kitchen will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Topey's Kitchen encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Topey's Kitchen for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS Terms of Offer.

This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify our third party call center reps or direct Topey's Kitchen sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Topey's Kitchen and its designated in house or third party call team(s).

Opt Out Procedure:

We provide 3 easy ways to opt out of from future solicitations.

You may use the opt out link found in any email solicitation that you may receive. You may also choose to opt out, via sending your email address to: [email protected].You may send a written remove request to 14621 Fenkell Ave. Ste #300, Detroit, MI 48227-2967, United States.

Proprietary Rights.

Topey's Kitchen has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Topey's Kitchen. Topey's Kitchen also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax.

If you purchase any Products, you will be responsible for paying any applicable sales tax.

II. WEBSITE Content; Intellectual Property; Third Party Links.

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Topey's Kitchen does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Topey's Kitchen does create the content on this Website, such content is protected by intellectual property laws of the United States, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Topey's Kitchen does not endorse the contents on any such third-party websites. Topey's Kitchen is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website;

Topey's Kitchen is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will:

abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),not interfere with or disrupt the use and enjoyment of the Website by other users,not resell material on the Website,not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, andnot defame, harass, abuse, or disrupt other users of the Website

License.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Topey's Kitchen or the applicable third party (if third party content is at issue).

Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant Topey's Kitchen a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Topey's Kitchen does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Topey's Kitchen is not liable for any damage or harm resulting from any posts by or interactions between users. Topey's Kitchen reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Topey's Kitchen deems objectionable, in Topey's Kitchen's sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Topey's Kitchen EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Topey's Kitchen MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

Topey's Kitchen ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

Topey's Kitchen WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You agree to release, indemnify, defend, and hold harmless Topey's Kitchen, along with its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees, that arise from:

1.Any breach of your warranties, representations, and obligations under this Agreement.

2.Your use of the content on this Website or any interaction with the Website itself.

3.The use of products purchased from this Website, including trial products.

4.Any infringement of intellectual property or other proprietary rights of any party.

5.Any violation of the terms of this Agreement by you.

6.Any information or data you have provided to Topey's Kitchen.

Should Topey's Kitchen face a claim or threat of a lawsuit from a third party, we may require written assurances from you concerning your promise to indemnify us. Failure to provide such assurances may be considered a material breach of this Agreement. Topey's Kitchen reserves the right to participate in the defense of any such claim with counsel of its choice at its own expense. We will cooperate with you in defending against such claims at your request and expense. You will maintain primary responsibility for defending Topey's Kitchen against any claims, but you must obtain our prior written consent before settling any claim. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Website or Products.