Terms Of Use

This Website is provided by TTP Franchising, Inc., together with its affiliates, franchisees and subsidiaries (collectively, “Top Ten Percent”). The “Website” includes, without limitation: (a) all Websites, services, mobile Websites or applications owned or provided by Top Ten Percent, and all services offered on this Website or through www.TopTenPercent.com (“Services”); (b) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers, coupons or discounts and Top Ten Percent, marketing materials, press releases, and other information and content available on or submitted on or through www.TopTenPercent.com. By accessing or using the Website, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”) and the Top Ten Percent’s Privacy Statement. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

UPDATES

Top Ten Percent may revise these Terms of Use or our Privacy Statement at any time. If Top Ten Percent decides to change these Terms of Use, Top Ten Percent will post the changes to these Terms of Use and other places Top Ten Percent deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Website following the posting will constitute your acceptance of the Terms of Use as revised.

PRIVACY

Top Ten Percent considers protecting your personal data very important, and has developed a Privacy Statement describing Top Ten Percent’s data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein.

FRANCHISED LOCATIONS

You agree, acknowledge and understand that Top Ten Percent is a national franchise system that is independently and operated by local franchisees under a franchise agreement with TTP Franchising, Inc.

USE OF THE WEBSITE

Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Website. You agree to notify Top Ten Percent immediately of any unauthorized use of your password(s) or account(s). You agree that Top Ten Percent will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Top Ten Percent or another due to someone else using your account or password. You may not use anyone else account at any time, without the permission of the account holder.

FURTHER RESPONSIBLITIES

You agree to provide true, accurate, current and complete information about yourself on the Website and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue or inaccurate, or Top Ten Percent has reasonable to suspicion that such information is untrue or inaccurate, or you otherwise have violated these Terms of Use, Top Ten Percent has the right to suspend or terminate your account and refuse any or all current or future use of the Website and/or Services.

SERVICES

Top Ten Percent may change the Services offered on or through the Website at any time without notice. Top Ten Percent makes no representation that the Website is available for use in your location, and a reference to Services within the Website does not imply that the Services will be available to you and/or in your location.

CONTENT

All Content, including without limitation, any offer, discount or coupon provided on or through the Website for informational purposes only. Top Ten Percent makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Website is solely at your own risk.

FEEDBACK

All comments submitted by you to Top Ten Percent through the Website, including without limitation, feedback, testimonials, reviews, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Top Ten Percent on a non-confidential and unrestricted basis. Further, Top Ten Percent shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, commercial solicitations, or any form of “spam”. You agree and understand that if you should provide negative Feedback with less than three stars or negative comments that your Feedback will not go public immediately. Instead a 14-day holding period is initiated and your comments are automatically emailed to the business in question giving them the opportunity to resolve your concern(s). You then have the option to submit new Feedback, either positive or negative, depending on whether your issue(s) were resolved. It is understood that you are not authorized to leave feedback for any business that you have not actually done business with and have downloaded and used their coupon.

THIRD PARTY CONTENT

The Website provides access to content, products and services of third parties, and Top Ten Percent makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability, and you bear all risks associated with your access and use of this Website and third party content, products and/or services.

OWNERSHIP

All right, title and interest in and to the Website and Content are and shall remain the intellectual property and copyrighted works of Top Ten Percent and/or its licensors, and all rights not expressly granted to you with respect to the Website and Content shall be expressly reserved. You may not use any Top Ten Percent name, trademark, logo or other proprietary materials, including images posted on the Website, the Content of any text or the design of any page, or form contained on a page, without Top Ten Percent’ express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Top Ten Percent or the respective owner.

DISCLAIMER

Except where expressly provided otherwise, the Website is provided on an “as is” and “as available” basis. Top Ten Percent expressly disclaims all warranties of any kind, whether express or implied, including without limitations, all implied warranties of all Business Members. Top Ten Percent makes no warranty that the Website, services and products offered by it’s Business Members will meet your requirements, that the Website will always be available on an uninterrupted, timely, secure or error-free basis. That the results that may be obtained from the use of this Website will be accurate, timely or reliable or that the quality of any products or services obtained by you through this Website will meet your expectations. Any products or services ultimately obtained through the use of this Website will be used by you at your own risk. Top Ten Percent shall have no responsibility or liability for any loss, claim from that use or damage to your computer system or loss of data that results from use of this Website or its content.

LIMITATION OF LIABILITY

In no event shall Top Ten Percent or it’s Business Members be liable for any direct, indirect or incidental damages or damage for loss of profits, revenue, data or use incurred by you or any third party, whether in an action in contracts or tort, arising from your access to, or use of, or inability to use the Website or any services, software or content provided on or through the Website, even if Top Ten Percent has been advised of the possibility of such damages or losses, notwithstanding the foregoing, the total liability of Top Ten Percent or it’s Business Members shall be limited to the cost of using this Website, if any.

LIMITATIONS

Some jurisdictions many not allow the disclaimer or exclusion of certain warranties or liabilities, to the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these Terms of Use do not apply, however, all other terms and conditions shall apply and remain in full force and effect.

INDEMNITY

You agree to defend, indemnify and hold Top Ten Percent and its officers, directors, employees, agents, franchisees and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees and litigation expenses), arising out of or relating to your use of the Website, Services, Software or Content or your violation of these Terms of Use.

TERMINATION

Top Ten Percent has the right, but not the obligation, to monitor any activity on the Website. Top Ten Percent may disclose information from the Website to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. Top Ten Percent may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Website, or any applicable Services, Software or Content. In addition, Top Ten Percent may, in its sole discretion and at any time, discontinue providing or limit access to the Website or any areas of the Website.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access or use the Website, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.

COMPLIANCE WITH LAWS

You agree not to use the Website, Services, Products or Content provided on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use.

GENERAL

These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by Top Ten Percent of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between Top Ten Percent and you regarding the subject matter set forth herein and supersede all prior agreements and representations between Top Ten Percent and you.

COPYRIGHT & TRADEMARK

Copyright © 2015 TTP Franchising, Inc. All Rights Reserved. The TopTenPercent.com Incorporated logo is a federally registered trademark of TTP Franchising, Inc. All other trademarks, logos and service marks are the property of TTP Franchising, Inc. or their respective owners. Test

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, please contact TTP Franchising, Inc. at info@toptenpercent.com or by mail at:

TTP Franchising, Inc.
6264 S. Sunbury Rd Ste. 100
Westerville, OH 43081

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