Welcome, and thank you for your interest in Topline Translations Inc. (“Topline Translations,” “we,” “us,” or “our”), which operates this website and any products and services that we may provide now or in the future (collectively, the “Services”). The following Terms and Conditions are a legal contract between you (“you” and “your”) and Topline Translations regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users”. Use of the Services is governed by these Terms and Conditions and our Topline Translations Privacy Policy where the Privacy Policy describes the personal information that we collect and how we use and share it.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ THE TOPLINE TRANSLATIONS PRIVACY POLICY.

1. Eligibility; International Use

THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY TOPLINE TRANSLATIONS, OR (B) ANY PERSONS BELOW THE AGE OF MAJORITY IN THEIR RESPECTIVE JURISDICTIONS.

Topline Translations operates the Services in Canada. If you choose to access our Services from locations outside Germany, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in Germany. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services.

Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside Canada. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Topline Translations in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.

2. Privacy Policy

Your privacy is important to Topline Translations. Please read the Topline Translations Privacy Policy carefully for information relating to Topline Translations’ collection, use, and disclosure of your personal information. Among other things, our Topline Translations Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services, and explains the procedures by which Users, may view, update, correct, or delete their account and personal information.

3. Other Guidelines

When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

4. Modification of the Terms
   • General

Upon accessing this website and requesting for a quotation, you accept the Terms in the form posted on our website. Topline Translations reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Topline Translations will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Topline Translations makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

5. Proprietary Materials; Licenses
   • Proprietary Materials

The Services are owned and operated by Topline Translations. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by Canadian and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any user content provided and owned by Users and except as otherwise set forth in this Section 7 (Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Topline Translations, and Topline Translations reserves all rights therein and thereto not expressly granted by these Terms.

• Licensed Content

Topline Translations may make available on the Services certain videos, texts, images and related supplementary materials that are owned by Topline Translations or its third-party licensors (the “Licensed Content”). Topline Translations grants to you a non-exclusive, non-transferable right to access and use the Licensed Content as made available on the Services by Topline Translations solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Content to any third party.

6. Prohibited Conduct

YOU AGREE NOT TO:

• rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
• post, upload, or distribute any defamatory, libelous, or inaccurate user content or other content;
• post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
• use the Services in any manner that is harmful to minors, or in any manner that violates Topline Translations’ Community Guidelines;
• impersonate any person or entity, falsely claim an affiliation with any person or entity, or perform any other fraudulent activity;
• develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy content and other data from the Services;
• Use bots or other automated methods to access the Services;
• delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Content;
• assert, or authorize, assist, or encourage any third party to assert, against Topline Translations or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Content or User Content you have used, submitted, or otherwise made available on or through the Services;
• make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
• use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
• probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Services, Licensed Content, or features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Content, or otherwise access, tamper with, or use non-public portions of the Services without our authorization;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact Topline Translations to give notice of the proposed activity and discuss alternative means to obtain the desired information from Topline Translations) notwithstanding this limitation;
• modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Topline Translations herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must Contact Topline Translations to give notice of the proposed activity and discuss whether Topline Translations is willing to provide the desired derivative works); or
• intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

7. Third-Party Sites, Products and Services; Links

The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Topline Translations does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.

8. Termination
   • Termination by Topline Translations

Topline Translations, in its sole discretion, for any or no reason, and without penalty, may restrict, suspend or terminate your use of the Services. Topline Translations may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be affected without prior notice, and you agree that Topline Translations will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Topline Translations may have at law or in equity.

• Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of Topline Translations in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your usage of the Services.

9. Force Majeure

In the event that we are unable to perform our obligations under this contract due to a Force Majeure event, we shall promptly notify you in writing of the occurrence and the impact on the performance of the contract.

For the purposes of this clause, “Force Majeure” refers to any event or circumstance beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, riots, governmental actions, or any other unforeseeable event that renders the performance of the contract impossible or impracticable.

During the occurrence of a Force Majeure event, our obligations under this contract shall be suspended for the duration of the event. We shall not be held liable for any delay or failure to perform our obligations, and the time for performance shall be extended for a period equal to the duration of the event.

If the Force Majeure event continues for an extended period of time, you shall have the right to terminate this contract by providing written notice to us. In such a case, we shall not be liable for any damages or further performance obligations, except for the payment of fees or expenses incurred prior to the occurrence of the Force Majeure event.

We will make reasonable efforts to mitigate the effects of the Force Majeure event and to resume the performance of our obligations under this contract as soon as reasonably possible.

10. Indemnification

You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Topline Translations, and its, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Topline Translations Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you of any intellectual property, privacy, or other right of any person or entity, including in connection with your user content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other party. Topline Translations reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Topline Translations, and you agree to cooperate with Topline Translations’ defense of these claims. You agree not to settle any such matter without the prior written consent of Topline Translations. Topline Translations will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Disclaimers; No Warranties
    • No Warranties

THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “TOPLINE TRANSLATIONS OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TOPLINE TRANSLATIONS PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPLINE TRANSLATIONS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

• Content

TOPLINE TRANSLATIONS, AND THE TOPLINE TRANSLATIONS PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

TOPLINE TRANSLATIONS AND THE TOPLINE TRANSLATIONS PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE TOPLINE TRANSLATIONS OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.

• Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.

• Limitations by Applicable Law

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

12. Limitation of Liability and Damages
    • Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TOPLINE TRANSLATIONS OR THE TOPLINE TRANSLATIONS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF TOPLINE TRANSLATIONS OR ONE OF THE TOPLINE TRANSLATIONS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE TOPLINE TRANSLATIONS OFFERINGS, (iii) ANY OTHER INTERACTIONS WITH TOPLINE TRANSLATIONS OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE TOPLINE TRANSLATIONS OFFERINGS, INCLUDING OTHER USERS; (IV) THE USE OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS MEDIA; (V) TRANSPORT OR DISPATCH OF DATA OR DATA CARRIERS; OR (VI) THE PRESENCE OF COMPUTER VIRUSES IN ANY FILES OR DATA CARRIERS SUPPLIED BY US. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TOPLINE TRANSLATIONS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• Limitation of Damages

IN NO EVENT WILL TOPLINE TRANSLATIONS’ OR THE TOPLINE TRANSLATIONS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED THEREIN (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE INVOICED OR QUOTED AMOUNT OF THE PRODUCT IN QUESTION, EXCLUSIVE OF APPLICABLE TAXES.

• Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT TOPLINE TRANSLATIONS HAS OFFERED THE SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TOPLINE TRANSLATIONS, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TOPLINE TRANSLATIONS. TOPLINE TRANSLATIONS WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13. Miscellaneous (Including Dispute Resolution and Arbitration)
    • Notice

Topline Translations may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Topline Translations is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to Topline Translations shall be sent by email to Topline Translations.

• Waiver

The failure of Topline Translations to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Topline Translations.

• Governing Law

The Terms will be governed by and construed in accordance with the laws of Alberta, Canada, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

• Severability

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

• Assignment

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Topline Translations’ prior written consent, but may be assigned by Topline Translations without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

• Survival

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

• Headings

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

• Entire Agreement

The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Topline Translations relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Topline Translations.

• Disclosures

The website is hosted in Germany, and the services provided hereunder are offered by Topline Translations Inc. located at 49 51509 Range Rd 224, Sherwood Park, Alberta T8C 1H5, Canada.