Topo Designs, Inc. (“Topo Designs” or “we”) respects your privacy and is committed to protecting it through our compliance with this policy. Topo Designs is the “controller” of your information. That means it is responsible for how your information is processed. Any questions you have should be sent to cs@topodesigns.ca.

This policy describes the types of information we may collect from you or that you may provide when you visit our website www.topodesigns.ca (our “Website“) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect on or through the Website as well as offline or through any other means. It does not apply to information collected by any third party including through any application or content (including advertising) that may link to or be accessible from or on the Website. When you access a third-party website (such as a social networking website), we are not responsible for the privacy practices of that site or the relevant third party. You should review the privacy policies of each website you visit and each social networking service you use (including understanding how you can change your privacy settings with those services).

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy.

Persons Under the Age of 19

Our Website is not intended for persons under 19 years of age. No one under age 19 may provide any information to or on the Website. We do not knowingly collect personal information from persons under 19 or knowingly allow such persons to log in the website. If you are under 19, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 19 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 19, please contact us using the details specified in the “Contact Information” section below.

By using the Website, you represent that you are at least the age of majority in your state or province of residence.

We collect several types of information from and about users of our Website, including the following:

• information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, (“personal information”);
• information that is about you but individually does not identify you by itself, such as your IP address, some types of profile information and content that you post on the Website; and/or
• information about your internet connection, the equipment you use to access our Website and usage details.

We collect this information directly from you when you provide it to us and/or automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons (also known as tracking pixels) and other analytics/tracking technologies. The Website may collect information on demographics and interests. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.

• We use cookies. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. Amongst other things, they enable the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the Website or browse from one page to another.
• We use a variety of cookies and similar technologies that are necessary for the functioning of our services, help us improve our performance, give you extra functionalities, and/or help us to serve you relevant and targeted ads.
• “Necessary Cookies” are cookies placed by our Site that do not collect any personal information, and are essential to provision of a functional website and/or app, which we have a legitimate interest in providing and include cookies that drive your navigation on one of our Site.
• First-party cookies are set by the site you are visiting. We use first-party cookies to remember information you input when filling forms on our site, or items you place in your shopping cart. These cookies only remain on your device for as long as you keep your browser active. All Necessary Cookies fit into this category. Enabling some of these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.
• Third-party cookies are set by a third-party site separate from the site you are visiting. We may use third parties, such as advertising networks and exchanges, to allow us to serve you advertisements. These third-party ad networks and exchange providers may use third-party cookies, web beacons, or similar technologies to collect information. They may also collect your device identifier, IP address, or identifier for advertising (IDFA). The information that these third parties collect may be used to assist us in providing you with more relevant advertising that we serve on our sites or elsewhere on the web.
• We offer you the ability to opt-out of our use of first-party or third-party advertising-related cookies (see “How to control cookies” below.) Opting out of our first-party advertising-related cookies or out of third-party advertising-related cookies and web beacons does not necessarily mean that you will not see our advertising—only that this advertising will not be targeted to you through the use of first-party or third-party cookies, web beacons or related technologies.
• By default, all cookies are in use on our Website. You can control and/or delete cookies as you wish—for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. Adjusting your cookie preference does not mean you will not receive advertising from us; it does, however, allow you to stop targeted or behavioral advertising that tracks you over different sites. We use cookies for a commercially reasonable amount of time.
• We also collect information from other sources, including from social media and other websites associated with Topo Designs. For example, if you post a message on Twitter, or post an image on Instagram using a hashtag promoted by Topo Designs, we may collect that information as described in this Policy. Please note that we may combine or cross-reference this information with other information that we collect about you and use it as described in this Policy.

Information You Provide to Us

The information we collect on or through our Website may include:

• information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or placing an order with our Website;
• information when you enter a contest or promotion sponsored by us;
• records and copies of your correspondence (including e-mail addresses), if you contact us such as when you report a problem with our Website or other products or services;
• details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. If you purchase a product from us, your card information is not held by us; it is collected by our third-party payment processor, who specializes in the secure online capture and processing of credit card transactions;
• your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Analytics data, Cookies and Other Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website;
• information about your computer and internet connection, including your IP address, operating system and browser type;
• other information obtained through third party analytics tools such as Google Analytics, Hotjar and Facebook Pixel.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). As we have noted elsewhere in this policy, you have the right not to be tracked and can turn off this feature if you choose.

The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Website according to your individual interests;
• speed up your searches and access to our website; and
• recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies as outlined above;
• Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We only use information we collect from you for as long as it is reasonably required for a legitimate business purpose. We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfill our statutory obligations, such as for tax records, or to confirm your warranty. We will hold your personal information on our systems for as long as necessary for the relevant activity, or for as long as is set out in any relevant contract you hold with us. We use information that we collect about you or that you provide to us, including any personal information:

• to present our Website and its contents to you;
• to provide you with information, products or services that you request from us;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. In some cases, third party services providers working on our behalf will carry out these contracts with you. However, when we use these providers, we disclose only the personal information necessary to provide you the service and we have contracts in place that require third party service providers to protect this information;
• to notify you about changes to our Website or any products or services we offer or provide though it;
• to communicate with you about your subscriptions, by sending you important non-commercial emails, such as administrative notices related to your donations and/or subscriptions;
• in any other way, we may describe when you provide the information; and
• for any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy for the following legitimate business purposes:

• to contractors, service providers and other third parties required to support legitimate business purposes;
• by operation of contract to a buyer or other successor of Topo Designs, such as in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Topo Designs’s assets, in which personal information held by Topo Designs about our Website users is among the assets transferred;
• for the other purpose disclosed by us at the time you provide the information;
• with your consent;
• to comply with any court order, law or legal process, including to respond to any government or regulatory request;
• to enforce or apply our terms of use at cs@topodesigns.ca, including for billing and collection purposes; and/or
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Topo Designs, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. By continuing to use this website, you consent to the processing of the above data by Hotjar and by the third parties used by Hotjar in accordance with their respective privacy policies. The cookies used by Hotjar have differing durations; some are 365 days, some persist for the session only. To opt out please go to the following link: https://www.hotjar.com/opt-out

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site. (https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar)

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
• Promotional Offers from Topo Designs. We will not email you unless you opt in. Once you have opted in, If you do not wish to have your e-mail address used by Topo Designs to promote our own or third parties’ products or services, you can opt-out either by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes; by sending us an e-mail stating your request to the address specified in the “Contact Information” section below; or by following the unsubscribe instructions contained in all promotional emails. If we have sent you a promotional e-mail pursuant to your opting-in, you may send us a return e-mail asking to be omitted from future e-mail distributions.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account dashboard page. You can also change your settings there so that you do not receive commercial messages from us.

You may also send us an e-mail using the contact details found in the “Contact Information” section below to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

Accessing Your Information

You have the right to ask for a copy of the information we hold about you (we may charge you a reasonable processing fee for information requests to cover our cost of providing you with details of the information we hold about you. In addition, the Personal Information Protection Act permits users of our Website that are British Columbian residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to cs@dragonalliance.ca.

Do Not Track Disclosure

While our Website currently does respond to Do Not Track (DNT) signals, we do offer our visitors choices to manage their preferences that are provided in the previous sections above. And as described above with regards to our use of cookies, you may set your browser not to accept cookies, however this may limit the functionality of the Website. Some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Information about online interest-based advertising and how you can opt-out of receiving those ads are available here: youradchoices.ca/choices, aboutads.info/choices and www.networkadvertising.org. Information about ads on Facebook is available here: www.facebook.com/help/516147308587266/?helpref=hc_fnav.

We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. Information about how Google uses cookies and how you can limit or disable certain kinds of cookies on your personal computer or mobile device is available here: www.google.com/policies/privacy/partners/ and www.google.com/policies/technologies/ads/. Those wishing to opt out of Hot Jar should use the HOT JAR OPT-OUT TOOL. Those wishing to opt out of Google Analytics data collection should use the GOOGLE ANALYTICS OPT-OUT BROWSER ADD-ON.

SMS / Text Message Marketing Program Privacy Policy

Your privacy is extremely important to us. We will only use the information you provide through the Program to transmit your mobile messages and respond to you, if necessary. The above excludes text messaging originator opt-in data and consent. This includes but is not limited to, sharing information with platform providers, phone companies (carriers), and other vendors who assist us in the delivery of mobile messages. We also use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY.

Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with the program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the program and pursue any appropriate legal remedies.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like product reviews. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. If a data breach occurs, we will notify you and the proper European Economic Authority (if required) within seventy-two (72) hours (if reasonably feasible).

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will provide notice to you via email or by some other means. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Please review the changes carefully. If you agree to the changes, simply continue to use our Website. If you don’t agree to any of the changes, you should stop using our Website. Unless stated otherwise, our current policy applies to all information that we have about you and your account. Using the Website after a notice of changes has been communicated to you or published on our Website will mean that you have consented to the changed terms or practices.

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email Address: cs@topodesigns.ca

Dispute Resolution

Step 1: If you have an inquiry or complaint regarding whether Topo Designs has violated its obligations under this Privacy Policy as to you please first contact our Data Privacy Team by email to cs@topodesigns.ca.

We will acknowledge your Complaint within forty-eight (48) hours, and respond to your complaint within forty-five (45) days. We may ask that you provide additional information and/or request a one-on-one discussion or conference.

Step 2: If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please visit Canadian government website at https://www.priv.gc.ca/en for more information.

How to Contact our Privacy Officer

If you have any questions, comments or concerns about this Privacy Policy or our privacy practices, please contact our Privacy Officer using the contact information below. All complaints will be investigated.

Topo Designs

8067 N Fraser Way, Vancouver, British Columbia, Canada V5J 5M7

Attention: Privacy Officer

cs@topodesigns.ca

Shopify Security

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment Security

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the payment card industry data security standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like VISA, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you might also want to read Shopify’s Terms of Service or Privacy Statement.

Data Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using Secure Socket Layer technology (SSL) and stored with an AES-256 Encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted Industry Standards.

This website is operated by Topo Designs. Throughout the site, the terms “we”, “us” and “our” refer to Topo Designs. Topo Designs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Topo Designs. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18334310306 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Topo Designs mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18334310306 or email cs@topodesigns.ca.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Topo Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Topo Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2500 Larimer St #202 Denver CO 80205.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at cs@topodesigns.ca