Terms and Conditions


Terms and Conditions

Last updated: November 23, 2016

Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the website (the "Service")
operated by TOP GEAR NY INC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users
and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If
you disagree with any part of the terms then you do not have permission to
access the Service.


By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.


If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information
relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and
your shipping information.

You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase;
and that (ii) the information you supply to us is true, correct and

The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other

We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products
or services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.

We therefore reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are
separate from these Terms & Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms and
Conditions, the Promotion rules will apply.


Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant
that: (i) the Content is yours (you own it) and/or you have the right to use
it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. We reserve the right to
terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting
those rights. We take no responsibility and assume no liability for Content
you or any third party posts on or through the Service. However, by posting
Content using the Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content
on and through the Service. You agree that this license includes the right
for us to make your Content available to other users of the Service, who may
also use your Content subject to these Terms.

TOP GEAR NY INC has the right but not the obligation to monitor and edit all
Content provided by users.

In addition, Content found on or through this Service are the property of
TOP GEAR NY INC or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether in
whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.


When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify
us immediately upon becoming aware of any breach of security or unauthorized
use of your account.

You may not use as a username the name of another person or entity or that
is not lawfully available for use, a name or trademark that is subject to
any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes on the
copyright or other intellectual property rights ("Infringement") of any
person or entity.

If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to, with the subject line: "Copyright
Infringement" and include in your claim a detailed description of the
alleged Infringement as detailed below, under "DMCA Notice and Procedure for
Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys'
fees) for misrepresentation or bad-faith claims on the infringement of any
Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):

*         an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright's interest;

*         a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where
the copyrighted work exists or a copy of the copyrighted work;

*         identification of the URL or other specific location on the
Service where the material that you claim is infringing is located;

*         your address, telephone number, and email address;

*         a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the

*         a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at

Intellectual Property The Service and its original content (excluding
Content provided by users), features and functionality are and will remain
the exclusive property of TOP GEAR NY INC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are
not owned or controlled by TOP GEAR NY INC.

TOP GEAR NY INC has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites.

You acknowledge and agree that TOP GEAR NY INC shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such third party web sites or

We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.


We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion,
for any reason whatsoever and without limitation, including but not limited
to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.


You agree to defend, indemnify and hold harmless TOP GEAR NY INC and its
licensee and licensors, and their employees, contractors, agents, officers
and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited
to attorney's fees), resulting from or arising out of a) your use and access
of the Service, by you or any person using your account and password; b) a
breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall TOP GEAR NY INC, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation,
loss of profits, data, use, goodwill, or other intangible losses, resulting
from (i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service; (iii) any
content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.


Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose,
non-infringement or course of performance.

TOP GEAR NY INC its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.


Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of
New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will provide at least 30
days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree
to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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